Ketchum v. Creagh
Supreme Court of Alabama
APPEAL'from Chancery Court of Wilcox. Heard before Hon. CHARLES TURNER. Appellants, Ketchum and wife, filed their bill on the 10th day of June 1868, as administrators de bonis non of A. M. Creagh, dec’d., and as individuals, against appellees, to subject certain lands formerly belonging to A. M. Creagh to the payment of the purchase money.
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APPEAL'from Chancery Court of Wilcox. Heard before Hon. CHARLES TURNER. Appellants, Ketchum and wife, filed their bill on the 10th day of June 1868, as administrators de bonis non of A. M. Creagh, dec’d., and as individuals, against appellees, to subject certain lands formerly belonging to A. M. Creagh to the payment of the purchase money. A. M. Creagh died intestate in the year 1854, and his widow Willie S., and a son, M. W. Creagh, were appointed administrator and administratrix,-and duly qualified as such in the same year. On their petition the probate court ordered a sale of land for…
1Opinion of the CourtBrickell, C. J.
The bill was filed by the appellants, to enforce a lien for the purchase money on lands sold by them in their representative capacity, under a decree of the court of probate. The statutes authorizing such sales require that if the purchase money is payable in the future, the purchaser’shall give bonds or notes for it, with two sufficient sureties. R. C. §2228. Though such security is given, the title can not pass until the purchase money is paid — the fact of payment made known to the court, and a conveyance ordered. R. C. §§ 2096 and 2228. Until a conveyance is executed under a decree of the…
2Cases cited8 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- Johnson v. ThweattSupreme Court of Alabama · 1851
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
- Wallace v. Hall's HeirsSupreme Court of Alabama · 1851
- Lightfoot v. Doe, on the Demise of the Heirs of LewisSupreme Court of Alabama · 1840
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3Cited by10 opinions
- Hendrix v. Southern Railway Co.Supreme Court of Alabama · 1900
- Bedell v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Cooper v. CooperSupreme Court of Alabama · 1921
- Gibson v. GibsonSupreme Court of Alabama · 1917
- Bogart v. BellSupreme Court of Alabama · 1895
5 more not listed; retrieve them via the Exa API.