Burns v. Hamilton's Adm'r
Supreme Court of Alabama
Appeal from tbe Chancery Court of Talladega. Heard before the Hon. James B. Clark. This bill was filed by Jesse M. Burns, against the administrator and heirs-at-law of Milton B. Hamilton, deceased, on the 16th April, 1849. The facts on which the complainant predicated his claim to relief, as stated in the bill, were these: Milton B. Hamilton died, in Cherokee county, Alabama, in August, 1839, being in possession of a tract of land which he had been cultivating for several…
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Appeal from tbe Chancery Court of Talladega. Heard before the Hon. James B. Clark. This bill was filed by Jesse M. Burns, against the administrator and heirs-at-law of Milton B. Hamilton, deceased, on the 16th April, 1849. The facts on which the complainant predicated his claim to relief, as stated in the bill, were these: Milton B. Hamilton died, in Cherokee county, Alabama, in August, 1839, being in possession of a tract of land which he had been cultivating for several years, but which belonged to the United States. In the spring of 1843, his administrators made application to the…
1Opinion of the Court
NICE, O. J.
The rule, “ caveat emptor,” applies to sales of land under the order of the probate or orphans’ court. A purchaser at such a sale buys at his peril. Although he may pay the purchase-money, and get no title; yet, if he obtained no warranty, and if at the time of the sale there was no fraud, and no mistake or igno*213ranee of any material fact, he has no right to relief in a court of equity. Pie cannot found a right to relief on his mere ignorance or mistake of law.—Haden v. "Ware, 15 Ala. 149.
Tested by these principles, the complainant’s bill shows no right in him to relief. True, he…
2Cases cited5 opinions
- Jennings v. Administrators of JenkinsSupreme Court of Alabama · 1846
- Ricks v. DillahuntySupreme Court of Alabama · 1838
- Worthington v. McRobertsSupreme Court of Alabama · 1846
- Haden v. WareSupreme Court of Alabama · 1849
- Pool v. HodnettSupreme Court of Alabama · 1851
3Cited by20 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Homer v. LesterSupreme Court of Oklahoma · 1923
- Cruikshank v. LuttrellSupreme Court of Alabama · 1880
- Walker v. EhresmanNebraska Supreme Court · 1907
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