Springle's Heirs v. Shields
Supreme Court of Alabama
Error to- the Chancery Court of Marengo. Tried before the Hon. Anderson Crenshaw. The defendants filed a bill against the plaintiffs in error, as the heirs and personal representatives of William Springle, deceased, in which they state, that in January 1834, said Springle executed a bond for title to John Shields for certain lands which he sold him at the price of $1500, and for which Shields gave him his two notes for the respective sums of $1200 and $300, payable on the…
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Error to- the Chancery Court of Marengo. Tried before the Hon. Anderson Crenshaw. The defendants filed a bill against the plaintiffs in error, as the heirs and personal representatives of William Springle, deceased, in which they state, that in January 1834, said Springle executed a bond for title to John Shields for certain lands which he sold him at the price of $1500, and for which Shields gave him his two notes for the respective sums of $1200 and $300, payable on the 1st November thereafter, at which time it was agreed possession of the land was to be delivered; that Springle died before…
1Opinion of the CourtChilton, J.
The decree of the chancellor cannot be sustained, and we will briefly proceed to point out the errors *297which have intervened, first laying down the general principles of law applicable to the case. The established doctrine is, that in equity the purchaser of the land who holds the bond of the vendor for title must be considered the owner of the land, and may dispose of it as though he owned the fee, the disposition of course being nugatory in the event the court should refuse a specific execution of the contract. — Sug. on Vend. 561. So equity regards that as done which is agreed to be done —…
2Cases cited4 opinions
- Beavers v. SmithSupreme Court of Alabama · 1847
- Parks v. BrooksSupreme Court of Alabama · 1849
- Potier & McCoy v. BarclaySupreme Court of Alabama · 1849
- Johnson v. ElliottSupreme Court of Alabama · 1847
3Cited by19 opinions
- Minge v. GreenSupreme Court of Alabama · 1912
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Gentry v. RogersSupreme Court of Alabama · 1867
- Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
- Martin v. WhartonSupreme Court of Alabama · 1863
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