Andrews v. McCoy
Supreme Court of Alabama
Error to the Chancery Court of Mobile. The bill was filed by the defendant in error, and alledges, that on the 1st February, 1837, the complainant purchased from one Solomon Andrews, a lot, or parcel of land, for $40,000, and for the payment thereof, executed four promissory notes, falling due annually, for four successive years, and received from Andrews a deed of conveyance, with covenants of warranty.
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Error to the Chancery Court of Mobile. The bill was filed by the defendant in error, and alledges, that on the 1st February, 1837, the complainant purchased from one Solomon Andrews, a lot, or parcel of land, for $40,000, and for the payment thereof, executed four promissory notes, falling due annually, for four successive years, and received from Andrews a deed of conveyance, with covenants of warranty. That some time in the spring of 1837, Andrews became wholly insolvent, and absconded from the city of Mobile. That on the 23d April, 1837, he gave notice of the facts, and warned all persons…
1Opinion of the CourtOrmond, J.
It is objected by the counsel for the plaintiffs in error, that it appears from the bill itself, that the notes held by the plaintiffs in error, are not subject to the latent equity now set up against them.
The allegation of the bill here referred to, is, that the notes were not received by the plaintiffs in error in the usual course of trade, but that if they had any title to them, “ it was as collateral security for, or in payment of pre-existing debts.” This allegation is undoubtedly too uncertain. A bill which does not alledge a cause of action, cannot be entertained, and there is no…
2Cases cited7 opinions
- Murray v. LylburnNew York Court of Chancery · 1817
- Banner v. MayWashington Supreme Court · 1891
- Jones v. WatkinsSupreme Court of Alabama · 1827
- Caldwell v. KirkpatrickSupreme Court of Alabama · 1844
- Bank of Mobile v. HallSupreme Court of Alabama · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Wells v. MorrowSupreme Court of Alabama · 1861
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
27 more not listed; retrieve them via the Exa API.