Smith v. Robinson
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the fourth District. The case made by the bill is this: Smith, the complainant, in 1838, contracted to purchase from Robinson, the defendant, certain lands described in the bill, at the price of $>1230, for which he gave his notes — One for $>600, payable 1st January, 1839 — one for $300 payable 1st January, 1840 — and another for $330, payable 1st January, 1841 — Robinson executed a bond, conditioned to make Smith title in fee…
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Writ of Error to the Court of Chancery for the fourth District. The case made by the bill is this: Smith, the complainant, in 1838, contracted to purchase from Robinson, the defendant, certain lands described in the bill, at the price of $>1230, for which he gave his notes — One for $>600, payable 1st January, 1839 — one for $300 payable 1st January, 1840 — and another for $330, payable 1st January, 1841 — Robinson executed a bond, conditioned to make Smith title in fee simple when these notes should be fully paid. Smith took possession of the lands, and retained possession for several years,…
1Opinion of the CourtGoldthwaite, J.
1. It is true, as a general rule, that a defendant to a suit in equity, who stands in contempt of the process of the court, will not be heard in the introduction of any new matter before the court, or to take merely formal objections to the proceedings. [Massena v. Bartlett, 8 Porter, 277.] But we apprehend this rule has never been considered as precluding the dismissal of a bill which has no equity on its face. Indeed, the 31st rule expressly provides that a defendant may at any time move to dismiss the bill, or dissolve an injunction for want of equity. [Dig. 616, § 31.]
2. On the merits of…
2Cases cited2 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Mussina v. BartlettSupreme Court of Alabama · 1838
3Cited by4 opinions
- Madden v. FloydSupreme Court of Alabama · 1881
- Attkisson v. AttkissonSupreme Court of Alabama · 1850
- Kinkead v. ShreveCalifornia Supreme Court · 1861
- Taylor v. HarwellSupreme Court of Alabama · 1875