Town of Camden v. Fairbanks, Morse & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Wilcox County; B. M. Miller, Judge. Bill by Fairbanks, Morse & Co. against the Town of Camden for the sale of certain property, or for its restoration, and for general relief. From the decree rendered, the respondent appeals. The demurrers to the bill should hav¿ been sustained, because of an adequate remedy at law. 114 r. S. 190, 5 Sup. Ct: 820, 29 L. Ed. 132. The contract was not properly executed.
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Appeal from Circuit Court, Wilcox County; B. M. Miller, Judge. Bill by Fairbanks, Morse & Co. against the Town of Camden for the sale of certain property, or for its restoration, and for general relief. From the decree rendered, the respondent appeals. The demurrers to the bill should hav¿ been sustained, because of an adequate remedy at law. 114 r. S. 190, 5 Sup. Ct: 820, 29 L. Ed. 132. The contract was not properly executed. Section 1183, Code 1907, as amended by Acts 1909, p. 205; 28 Cyc. 664, 686; 45 Ala. 237; 20 A. & E. Ency. of Daw, 1157, 1163, 1165; 31 Ala. 76. The hill also involves,…
1DissentBrown, J.
This case was submitted and considered under rule 46 (65 South, vii 3 ). The bill presents the complainant’s case in two aspects:
The first theory is that under the terms of the paper attached as Exhibit A to the bill, while the legal title to the property was in substance and legal effect reserved in the complainant, yet the supposed contract recognized in respondent an equity Which, in the event of foreclosure, entitled it to any surplus in the proceeds of the sale remaining after satisfaction of the balance due on the purchase price and expenses incident to the foreclosure, and a court of…
Also in this document: Concurrence.
2Cases cited20 opinions
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- City of Mobile v. Mobile Electric Co.Supreme Court of Alabama · 1919
- West v. HendrixSupreme Court of Alabama · 1856
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
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