Hamilton v. Adams
Supreme Court of Alabama
Error to the Court of Chancery of the 40th District. Before the Hon. D. G. Ligón, Chancellor. The bill in this case was filed by plaintiffs, against defendant in error, and alleges, that complainants, Carter T. Hamilton, and William C. Hamilton, deceased, the father of the other complainants, on the 24th December, 1844, purchased from William P. Chilton, the south half of section of land nineteen, township twenty-one, and range four, east, in the county of Talladega, and…
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Error to the Court of Chancery of the 40th District. Before the Hon. D. G. Ligón, Chancellor. The bill in this case was filed by plaintiffs, against defendant in error, and alleges, that complainants, Carter T. Hamilton, and William C. Hamilton, deceased, the father of the other complainants, on the 24th December, 1844, purchased from William P. Chilton, the south half of section of land nineteen, township twenty-one, and range four, east, in the county of Talladega, and received from him a bond for titles, but which, by mistake, was made to said William C. Hamilton alone, instead of to him…
1Opinion of the CourtCollier, C. J.
The equity of the complainants’ bill, so far as it seeks to stay the commission of waste, is perhaps defensible. Lyon et al. v. Hunt et al. 11 Ala. R. 295. But in respect to the allegations that the complainants are bona fide purchasers from the patentee of the land in controversy, and hold his bond for a title, that the defendant is insolvent, and will cause them to be dispossessed under a judgment he has recovered against them, in a proceeding for a forcible entry and detainer, unless restrained by injunction, they furnish no warrant for the interposition of equity.
The proceeding for a…
2Cases cited5 opinions
- Clark v. StringfellowSupreme Court of Alabama · 1842
- Cunningham v. GreenSupreme Court of Alabama · 1841
- Singleton v. FinleySupreme Court of Alabama · 1834
- McRae v. TillmanSupreme Court of Alabama · 1844
- Ward v. LewisSupreme Court of Alabama · 1827
3Cited by8 opinions
- Burnett v. CraigSupreme Court of Alabama · 1857
- Norwood v. Kirby's Adm'rSupreme Court of Alabama · 1881
- Vancleave v. WilsonSupreme Court of Alabama · 1882
- Fleming v. MooreSupreme Court of Alabama · 1898
- Knott v. SmithSupreme Court of Florida · 1920
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