Yarbrough v. Thornton
Supreme Court of Alabama
Appeal from Elmore Chancery Court. Heard before Hox. W. W. Whiteside. This was a bill filed by appellee against appellant' Yarbr< ugh and others, seeking an accounting, and to recoup value of a certain amount of land for which there was a failure of title, and for an injunction to restrain a sale under mortgage of certain other land, and to prevent interference by the mortgagee with the laborers and tenants of the mortgagor.
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Appeal from Elmore Chancery Court. Heard before Hox. W. W. Whiteside. This was a bill filed by appellee against appellant' Yarbr< ugh and others, seeking an accounting, and to recoup value of a certain amount of land for which there was a failure of title, and for an injunction to restrain a sale under mortgage of certain other land, and to prevent interference by the mortgagee with the laborers and tenants of the mortgagor. The case made by the bill is that Mrs. Thornton purchased of one Bingham,a cer.tain tract of land situated in Elmore county, and particularly described in the conveyance…
1Opinion of the CourtAndebson, J.
“When land is sold and conveyed with express covenants of warranty as to title, equity is *228without power to grant relief on account of a defect in title, unless the vendor is insolvent. — Cullum v. Branch Bank, 4 Ala. 21, 37 Am. Dec. 725; 2 Brick. Dig. 513, § 102; Lett v. Brown, 56 Ala. 550; Strong v. Waddell, 56 Ala. 471; Hughes v. Hatchett, 55 Ala. 539. If there be fraud or failure of title, and the vendor is insolvent, equity will interpose and grant what relief it can, whether the purchasaer has a deed and is in possession or not.— Younge v. Mabson, 20 Ala. 137; Walton v. Bonham, 24 Ala.…
2Cases cited11 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Strong v. WaddellSupreme Court of Alabama · 1876
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
- McLemore v. MabsonSupreme Court of Alabama · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Burch v. DriverSupreme Court of Alabama · 1921
- Edwards v. KilgoreSupreme Court of Alabama · 1915
- Tuscaloosa Ry. & Utilities Co. v. LewisSupreme Court of Alabama · 1922
- Hook v. First Nat. Bank of ReformSupreme Court of Alabama · 1921
- Lawson v. HelmsSupreme Court of Alabama · 1926
1 more not listed; retrieve them via the Exa API.