Jones' Executors v. Lightfoot
Supreme Court of Alabama
Error to the Chancery Court of Greene. This bill was filed by the defendant in error, against Gabriel Jones, and charges, that Jones sold to one Matthew Talbot, certain parcels of land, describing them, at $15 per acre, amounting in all to the sum of $16,445, and conveyed the same to him with warranty, he executing his notes for the purchase money.
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Error to the Chancery Court of Greene. This bill was filed by the defendant in error, against Gabriel Jones, and charges, that Jones sold to one Matthew Talbot, certain parcels of land, describing them, at $15 per acre, amounting in all to the sum of $16,445, and conveyed the same to him with warranty, he executing his notes for the purchase money. That the purchase was made by Talbot, for complainant, who was to pay the purchase money, and upon the payment to receive a conveyance from Talbot. That in the conveyance made by Jones, to Talbot, amístate occurred, by inserting some and omitting…
1Opinion of the CourtOrmond, J.
We are entirely satisfied, that upon the case as made by the bill, the complainant is only entitled to the difference between the price paid for the land, and the sum at which it was purchased by him from the heirs of Lewis. Whatever might be the rule at law, in such a case as this, where no notice was given, the warrantor of the pending suit for the land, which resulted in the eviction— and especially when the subsequent purchase was made without application to the warrantor, so as to enable him, by making the purchase, to comply with the warranty, he must be held to have made the purchase…
2Cases cited3 opinions
- Thrash v. SumwaltSupreme Court of Alabama · 1843
- Garrow v. CarpenterSupreme Court of Alabama · 1835
- Neil v. Cunningham's ExecutorsSupreme Court of Alabama · 1835
3Cited by32 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- American Mut. Liability Ins. Co. v. CooperCourt of Appeals for the Fifth Circuit · 1932
- Hartford Accident Indemnity Company v. CosbySupreme Court of Alabama · 1965
- McDowell v. JonesSupreme Court of Alabama · 1877
- Bush v. AdamsSupreme Court of Florida · 1886
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