Wilkinson v. Roper
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Jno. A. Foster. The original bill in this case was filed on the 6th September, 1882, by Edward B. Roper, against W. "W. Wilkinson; and sought, 1st, a redemption of lands from under a mortgage, winch the complainant had executed to the defendant to secure unpaid purchase-money; 2d, an account of the alleged mortgage debt, and the several partial payments made on it; 3d,'an injunction of an action at law founded…
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Appeal from the Chancery Court of Butler. Heard before the Hon. Jno. A. Foster. The original bill in this case was filed on the 6th September, 1882, by Edward B. Roper, against W. "W. Wilkinson; and sought, 1st, a redemption of lands from under a mortgage, winch the complainant had executed to the defendant to secure unpaid purchase-money; 2d, an account of the alleged mortgage debt, and the several partial payments made on it; 3d,'an injunction of an action at law founded on-the mortgage; 4th, an abatement of the purchase-money, on the statement of the account, to the extent of the value of…
1Opinion of the Court
STONE, J.—
Collins v. Whigham, 58 Ala. 438, is an authority for holding that parties may contract in reference to land, with the option of treating it as a sale, or a lease — a purchase, or a tenancy. The writing in that case fully expressed the terms of the contract. Construing it, we held that the purchaser, in the first instance, had the option of paying three bales of cotton, the first installment, and thus constituting the contract a purchase, or of paying two bales, and thereby constituting it a tenancy. Failing to express his election, by performing either of the alternative obligations…
2Cases cited10 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Peeples v. StollaSupreme Court of Alabama · 1876
- Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
- Collins v. WhighamSupreme Court of Alabama · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Ex Parte BurchSupreme Court of Alabama · 1938
- Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
- Karter v. EastSupreme Court of Alabama · 1929
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Bell v. McLaughlinSupreme Court of Alabama · 1913
37 more not listed; retrieve them via the Exa API.