Hunter v. O'Neil
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 30th District. The case made by the bill is this: Hunter, the complainant, in the year 1836, purchased from O’Neil, the defendant, a half-quarter section of land for the price of $456, for which he executed his note to O’Neil, payable 25th December, 1837, and O’Neil executed an instrument under seal, binding himself, his heirs, &c. to make a deed for the land as soon as the note was paid.
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Writ of Error to the Court of Chancery for the 30th District. The case made by the bill is this: Hunter, the complainant, in the year 1836, purchased from O’Neil, the defendant, a half-quarter section of land for the price of $456, for which he executed his note to O’Neil, payable 25th December, 1837, and O’Neil executed an instrument under seal, binding himself, his heirs, &c. to make a deed for the land as soon as the note was paid. At this time O’Neil was in affluent circumstances, but afterwards failed and became insolvent. The note was reduced by payments, but a portion of the sum…
1Opinion of the CourtGoldthwaite, J.
1. The question here is, whether the obligation of the defendant to make a deed when the price for the land is paid, amounts to a covenant of warranty that he will then have a title ; and if so, whether the complainant is entitled to any, aijd what relief, on account of the insolvency of the defendant taking place after the execution of the obligation, and previous to the payment of the price. In Cullum v. Branch Bank at Mobile, 4 Ala. Rep. 21, we had occasion to consider to some extent the obligations assumed by the vendor and purchaser in a sale of land. We there say the right of the…
2Cases cited6 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Long v. BrownSupreme Court of Alabama · 1843
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Clute v. RobinsonNew York Supreme Court · 1807
- Gazley v. PriceNew York Supreme Court · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dwight v. CutlerMichigan Supreme Court · 1855
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Asbury v. CochranSupreme Court of Alabama · 1942
- Linn v. McLeanSupreme Court of Alabama · 1885
- Wray's Adm'rs v. FurnissSupreme Court of Alabama · 1855
9 more not listed; retrieve them via the Exa API.