Marks v. Cowles
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before Hon. H. Austill. The facts of this case were fully reported when it was here on former appeals. — See Cowles v. Marks, 47 Ala. 612, and Marks v. Cowles, 53 Ala. 499. The facts, so far as material to the question here involved, are as follows: The original bill was filed by appellant’s testator against George Cowles, and Laura, his wife, to subject certain lands to the payment of unpaid purchase-money.
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Appeal from the Chancery Court of Montgomery. Heard before Hon. H. Austill. The facts of this case were fully reported when it was here on former appeals. — See Cowles v. Marks, 47 Ala. 612, and Marks v. Cowles, 53 Ala. 499. The facts, so far as material to the question here involved, are as follows: The original bill was filed by appellant’s testator against George Cowles, and Laura, his wife, to subject certain lands to the payment of unpaid purchase-money. Laura, being a married woman at the time of the purchase, filed a cross-bill, asserting a right to charge the lands with the…
1Opinion of the CourtBrickell, C. J.
Waiving all consideration of the mode of procedure in the court of chancery, adopted by order of the court, and of the regularity of which, no complaint is made, we direct our attention exclusively to the questions, on which the rights of the parties finally depend. The principle is, whether a purchaser from a party to a pending appeal, of lands, the party had acquired under a sale made in execution of the decree, having notice actual or constructive of the appeal, obtains a title which will not be defeated by the reversal of the decree.
The general principle, that a judgment or decree…
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