Milam v. Coley
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. A. H. Alston. The facts sufficiently appear from the opinion. Under the deed from Milam to his wife, the legal title passed to the wife, and that the distinction heretofore prevailing between equitable and statutory estates has been abrogated and all such 'estates are statutory. — Rooney v. Michael, 84 Ala. 585; Raxmage v. Towles, 85 Ala. 588; Manning v. Pippen, 86 Ala. 357; Turner v. Bern'heimer, 95 Ala. 241; Bruce v.…
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Appeal from Tallapoosa Circuit Court. Heard before Hon. A. H. Alston. The facts sufficiently appear from the opinion. Under the deed from Milam to his wife, the legal title passed to the wife, and that the distinction heretofore prevailing between equitable and statutory estates has been abrogated and all such 'estates are statutory. — Rooney v. Michael, 84 Ala. 585; Raxmage v. Towles, 85 Ala. 588; Manning v. Pippen, 86 Ala. 357; Turner v. Bern'heimer, 95 Ala. 241; Bruce v. Bruce, 95 Ala. 563; Scharf v. Moore, 102 Ala. 468; Comnolly v. Mahoney, 103 Ala-568; Gunn v. Hardy, 107 Ala. 609; Code…
1Opinion of the CourtDowdell, J.
In an action like the present where the rights of parties to- the possession of the land are to be determined on the question of the legal title, the doctrine of equitable estoppel has no application.
It appears from the record, that in 1877 Nolen sold the land in question to Burks, giving him bond for title and placing him in possession. Burks while in possession under Nolen’s bond for title mortgaged the land to A. J. Coley, Sr., plaintiff’s intestate, to secure the payment of $250.00, due December 25th, 1878. Burks having failed to pay any part of the purchase money to Nolen, the latter…
2Cases cited13 opinions
- Rooney v. Michael & LyonsSupreme Court of Alabama · 1887
- Turner v. BernheimerSupreme Court of Alabama · 1891
- Bruce v. BruceSupreme Court of Alabama · 1891
- Ramage v. TowlesSupreme Court of Alabama · 1888
- Owen v. BankheadSupreme Court of Alabama · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Preuit v. WallaceSupreme Court of Alabama · 1939
- Alabama Coal & Coke Co. v. Gulf C. & C. Co.Supreme Court of Alabama · 1910
- Henderson v. NolandSupreme Court of Alabama · 1939
- Crawford Merc. Co. v. AndertonSupreme Court of Alabama · 1913