Legal Opinion

Hair v. La Brouse

Supreme Court of Alabama

Decided June 15, 1846PublishedCited by 10 opinions

Error to the Chancery Court of Greene. The bill which was filed by the defendant in error, states, that about the 1st February, 1840, the plaintiffs in error, as trustees in a deed made by Willard Freeman for the benefit of the Tombigbee Rail Road Co., offered for sale at Jones’Bluff, certain lots which were bought by complainant, for $2,176, for which complainant executed his two notes for $1,088 each, due twelve and twenty-four months from the date, payable to the…

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Error to the Chancery Court of Greene. The bill which was filed by the defendant in error, states, that about the 1st February, 1840, the plaintiffs in error, as trustees in a deed made by Willard Freeman for the benefit of the Tombigbee Rail Road Co., offered for sale at Jones’Bluff, certain lots which were bought by complainant, for $2,176, for which complainant executed his two notes for $1,088 each, due twelve and twenty-four months from the date, payable to the trustees, with surety, aud at the same time executed a deed of trust to secure the papment of the money to J. Bliss, as trustee.…

1Opinion of the CourtOrmond, J.

We are strongly inclined to think, if indeed we might not say entirely satisfied, that upon the merits, this case is with the plaintiff in error, upon the proof, and the necessary inferences and presumptions arising from the admitted facts of the case.

Here was a large sale of real and personal property, at which a considerable crowd of persons were assembled to purchase. The terms of the sale were posted up in a conspicuous place, from which it appeard that all purchases under $5 were to be paid in cash, and a credit on sales above that amount. Nothing was said as to the kind of money *552which…

2Cases cited3 opinions

  1. Boyce's Executors v. GrundySupreme Court of the United States · 1830
  2. Paysant v. WareSupreme Court of Alabama · 1840
  3. Mead v. StegerSupreme Court of Alabama · 1837

3Cited by10 opinions

  1. Nettles v. NettlesSupreme Court of Alabama · 1880
  2. Townsend v. CowlesSupreme Court of Alabama · 1858
  3. McKinstry v. ConlySupreme Court of Alabama · 1847
  4. Alexander v. CaldwellSupreme Court of Alabama · 1876
  5. Mobile Life Insurance v. PruettSupreme Court of Alabama · 1883

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