Legal Opinion

Walton v. Bonham

Supreme Court of Alabama

Decided January 15, 1854PublishedCited by 16 opinions

Appeal from the Circuit Court of Montgomery- Heard before the Hon. J. W. Lesesne- . The appellees filed this bill to enjoin a judgment at law, . recovered against them by the appellant, as the administrator of Samuel Humphries, deceased, on a note given for the purchase money of a certain tract of land, sold by said Humphries to complainant Bonham in 1846, on which note the other complainants were said Bonham’s sureties.

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Appeal from the Circuit Court of Montgomery- Heard before the Hon. J. W. Lesesne- . The appellees filed this bill to enjoin a judgment at law, . recovered against them by the appellant, as the administrator of Samuel Humphries, deceased, on a note given for the purchase money of a certain tract of land, sold by said Humphries to complainant Bonham in 1846, on which note the other complainants were said Bonham’s sureties. The bill alleges, that said Humphries fraudulently represented to said Bonham that he had a perfect title to said land, and conveyed the same to him by deed with warranty of…

1Opinion of the CourtGoldthwaite, J.

The equity of the bill rests upon the allegations of the sale of land by Humphries, the intestate of the defendant, to the complainant, with warranty of title ; the fraudulent representations on the part of the vendor that he had the title at the time of the conveyance, when, in fact, he had not, by reason of his conveyance to his children before that time; and the insolvency of his estate, which renders it unable to respond in damages. These allegations are sufficient to sustain the bill. —Young v. Harris, 2 Ala. 108; Spence v. Driver, 3 Ala. 251; Greenlee v. Gaines, 13 Ala. 198.

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2Cases cited5 opinions

  1. Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
  2. Marler v. MarlerSupreme Court of Alabama · 1844
  3. Greenlee v. GainesSupreme Court of Alabama · 1848
  4. Roden v. MurphySupreme Court of Alabama · 1846
  5. Spence v. DurenSupreme Court of Alabama · 1841

3Cited by16 opinions

  1. Voltz v. VoltzSupreme Court of Alabama · 1883
  2. Davis v. SwansonSupreme Court of Alabama · 1875
  3. Bryan v. WeemsSupreme Court of Alabama · 1856
  4. Bolling v. JonesSupreme Court of Alabama · 1880
  5. Burch v. DriverSupreme Court of Alabama · 1921

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