Ware v. Cowles
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hop. James R. Clark. This bill was filed by the appellants, Robert J. Ware, Arnold Seales and Moses Jones, against Thomas M. Cowles, for a specific execution of a contract and an injunction against an action at law.
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Appeal from the Chancery Court of Macon. Heard before the Hop. James R. Clark. This bill was filed by the appellants, Robert J. Ware, Arnold Seales and Moses Jones, against Thomas M. Cowles, for a specific execution of a contract and an injunction against an action at law. It alleges, substantially, that said Cowles, in the full of 1849, by verbal contract, sold certain lands to said Ware, for $1,250, one half payable on the 1st of January, 1850, and the other half on the first of January, 1851 ; that in April, 1850, said Ware sold said lands to complainant Seales, and gave him a bond for…
1Opinion of the Court
GOLDTHWAITE, J.:The first question presented upon the record is, whether, upon the ease made by the bill; Cowles was estopped from asserting his title against Seales and Jones. It is clear, both upon principle and authority, that the conduct or admission which concludes a party must be plainly inconsistent with the right which he afterwards sets up. —Pickard v. Sears, 6 Adol. & El. 469 ; Co. Litt. 352. If the act or admission be susceptible of two constructions, one of which is consistent with the right, the party would not be concluded from its assertion, because-to do so might operate to…
2Cases cited1 opinion
- Sprigg v. Bank of Mount PleasantSupreme Court of the United States · 1840
3Cited by15 opinions
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Thomason v. DillSupreme Court of Alabama · 1857
- Mountain Water Works Construction Co. v. HolmeSupreme Court of Colorado · 1911
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