Sanford v. Hamner
Supreme Court of Alabama
Appeal from the Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, John B. Sanford, against the appellee, Clem A. Hamner. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, John B. Sanford, against the appellee, Clem A. Hamner. The facts of the case are sufficiently stated in the opinion. The appeal is from a decree of the chancellor sustaining the defendant’s demurrer and motion to dismiss the bill for the want of equity. cited Parrish v. Steadham, 102 Ala. 615 ; L. & N. R. R.Co. v. Philyaw, 94 Ala. 468 ; Mclntre v. Tennille, 89 Ala. 572 ; Firestone v. Firestone, 49 Ala. 128 ; Kyle v. McKenzie, 94 Ala. 239 ; Kingsbury v. Milner, 69…
1Opinion of the CourtHead, J.
The case is before us on demurrer to the bill and motion to dismiss for the want of equity, both sustained by the chancellor in vacation, without granting leave to amend.
The case made is substantially, that the county of Fayette, owning a described lot of land with a court-house thereon, the county commissioners sold the same at public auction, and it was bid off by the respondent, Hamner, at the price of $215, and an absolute conveyance of the property was executed to him by the commissioners. Whether the mandatory provisions of section 888 of the Code of 1886, which are essential to a…
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