Sawyers v. Baker
Supreme Court of Alabama
Appeal from the Chancery Court of Blount. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 5th July, 1879, by Henry Baker, against Columbus S. Boone, Thomas Sawyers, John Gamble, and Daniel Sandlin ; and sought the specific performance of a contract, by which the complainant purchased a tract of land from said Boone, a divestiture of the legal title out of the other defendants, who claimed under said Boone, and the recovery of the possession, which…
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Appeal from the Chancery Court of Blount. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 5th July, 1879, by Henry Baker, against Columbus S. Boone, Thomas Sawyers, John Gamble, and Daniel Sandlin ; and sought the specific performance of a contract, by which the complainant purchased a tract of land from said Boone, a divestiture of the legal title out of the other defendants, who claimed under said Boone, and the recovery of the possession, which had been taken from the complainant by action at law. Accords ing to the allegations of the bill, the land was part of a…
1Opinion of the CourtSomebyille, J.
The wife of the appellee, Mrs. Baker, was an indispensable party to the bill, either as complainant or defendant.-’ If the husband converted her statutory separate estate, and made the purchase of the land in his own name, no one except the wife could complain of his effort to enforce specific performance against the vendor, by compelling a conveyance by deed directly to himself. Yet, as she could and might object to.the transaction, and elect to claim a conveyance to herself instead, she should have been made a party to the suit, both for her own protection, and that of Boone and his…
2Cases cited3 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Pitts v. PowledgeSupreme Court of Alabama · 1876
- Michan v. WyattSupreme Court of Alabama · 1852
3Cited by8 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Baisden v. City of GreenvilleSupreme Court of Alabama · 1927
- King v. PaulkSupreme Court of Alabama · 1887
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