Toney v. Moore
Supreme Court of Alabama
Writ of error from a decree in chancery. William H. Moore, by bill in Chancery, filed in Franklin Circuit Court, set forth — that some time in the year 1825, he being advised, that one Peyton Palmer, being the agent and trustee of one Maxwell, held the bond of Maxwell, to Godley, conditioned for the title deeds of a lot or parcel of land, lying in the town of Tuscumbia; and understanding that the legal title to said lot was in said Godley, and that said Palmer was fully…
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Writ of error from a decree in chancery. William H. Moore, by bill in Chancery, filed in Franklin Circuit Court, set forth — that some time in the year 1825, he being advised, that one Peyton Palmer, being the agent and trustee of one Maxwell, held the bond of Maxwell, to Godley, conditioned for the title deeds of a lot or parcel of land, lying in the town of Tuscumbia; and understanding that the legal title to said lot was in said Godley, and that said Palmer was fully authorised and empowered to sell the same — he, the complainant, entered into a verbal contract with the said Palmer, for…
1Opinion of the CourtTaylor, J.
The hill in tills case charges, that the complainant purchased tho lot, which, is the subject of litigation, of Palmer, who acted as the agent of Maxwell, in tho calo, Lr the price of three hundred and twonty-dvc dollars, the whole of which had boon pihl. Palmer, in his answer, alleges that the complainant bargained for only half die lot, (I understand him to mean an undivided half,) for the price of one hundred and smy-íwo and a 1 aif dollars, which had never been paid; and that he, (Palmer) had subsequently purchased the whole lot, and got a conveyanecto himself.
The. first question…
2Cited by2 opinions
- Nichols v. NicholsSupreme Court of Alabama · 1915
- Speakman v. VestSupreme Court of Alabama · 1908