Doe ex dem. McPherson v. Walters
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Nathan Cook; This was'an action of ejectment by the plaintiff against the defendant in error to recover .possession of the premises described in the declaration. The facts appear fully in the opinion of the court.
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Error to the Circuit Court of Talladega. Tried before the Hon. Nathan Cook; This was'an action of ejectment by the plaintiff against the defendant in error to recover .possession of the premises described in the declaration. The facts appear fully in the opinion of the court. When a man encourages another to settle upon and improve land and expend his labor and money upon it, he will not af-terwards be permitted to take it from him, although he has an older and better title to it. — McElroy v. Truby, 4 Watts & S. 323; McCormick v. McMurtrie, 4 Watts, 195; Epleyv.With-erord, 7 ib. 163; Carr v.…
1Opinion of the CourtDargan, C. J.
The plaintiff in error, being seized in fee, sold the land in controversy to one Bird, and gave bond to make titles on the payment of the purchase money, which was secured by the notes-of the' purchaser, One of .these notes the plaintiff transfered by endorsement to- the defendant Walter's, who obtained judgment on it against the purchaser,, who was in possession, and under the instructions of the plaintiff, had the execution levied on the land, and at his request purchased it for about one hundred dollars — the land being worth about six hundred. Afterwards the plaintiff paid the residue of…
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