Magruder v. Campbell
Supreme Court of Alabama
Appeal from tbe Chancery Court of Macon. Heard before the Hon. James B. Claek. The original bill in this case was filed on the 26th June, 1858, by Catherine Campbell, against William B. Magruder, and theheirs-at law of John McKay, deceased; and sought to enforce an outstanding vendor’s lien on land for the unpaid purchase-money.
Read the full summary
Appeal from tbe Chancery Court of Macon. Heard before the Hon. James B. Claek. The original bill in this case was filed on the 26th June, 1858, by Catherine Campbell, against William B. Magruder, and theheirs-at law of John McKay, deceased; and sought to enforce an outstanding vendor’s lien on land for the unpaid purchase-money. The land was sold and conveyed, on the 26th June, 1841, by W. T. Hodnett, to John 3). Campbell, at the price of three hundred dollars in hand paid ; and the deed to said Campbell was duly recorded. The plaintiff’s claim to relief was founded on an alleged parol…
1Opinion of the CourtByrd, J.
1. Magruder alone took the appeal, and assigns error; but there is a joinder in error by the appellee, which waives all objection to the form of the appeal or the assignments of error.
2. The eleventh assignment of error, although there is a joinder, cannot avail the appellant. Whether the guardian ad litem was properly appointed or not, is not a question in which he has any interest, or as to which, if the court below committed an error, he has any right to complain.
3-4. The 2d, 7th, and 8th assignments, raise questions within the discretion of the chancellor, and which are not revisable in…
2Cases cited6 opinions
- Griggsby v. HairSupreme Court of Alabama · 1854
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Bradford v. HarperSupreme Court of Alabama · 1854
- Crawford v. BarkleySupreme Court of Alabama · 1850
- Jones v. CowlesSupreme Court of Alabama · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Chavers v. MayoSupreme Court of Alabama · 1918
- Cogburn v. CallierSupreme Court of Alabama · 1925
- Buford v. McCormickSupreme Court of Alabama · 1876
9 more not listed; retrieve them via the Exa API.