47 Ala. 453 | Ala. | 1872
The bill of complaint states, that appellant, the complainant below, a few days before the sixth day of January, 1858, purchased certain lands, described in said bill, lying and being in Tallapoosa county, of Creed T. Strong, then in possession and residing on said lands,
“ $1,000. On or by the first day of April next, we, or either of us, promise to pay to C. T. Strong, or bearer, one thousand dollars, hi part payment for his plantation on Tallapoosa river, and on which he now resides. This 3d day of January, 1858.
(Signed,) “ G. W. Chatfield,
“ W. M. Chatfield.”
That said note was, then and there, delivered to complainant, (the said Strong and said Chatfields being-present and agreeing to the same,) as an inducement to him to make said trade; that said note thereby became his property, and -was transferred to him bona ficle; that pursuant to said understanding between said complainant and said Strong and said Chatfields, complainant’s said two notes were delivered to him, and were canceled or destroyed, and, to carry out said trade, complainant transferred or assigned said bond for titles to said Chatfields. That at the time of said sale said Strong was in possession and living on said lands, and soon thereafter moved away, and put said Chatfields in possession of the same ; that they remained in possession thereof for several years; that one John Holly was, at the filing of said bill, in pos
That said one thousand dollar note was given in consideration and in part for the purchase-money of said lands, and was made payable to said C. T. Strong, in whom the legal title-was, and that said note was transferred to complainant, with the distinct understanding that the same was a lien to that extent, upon said lands, for the purchase-money thereof.
The bill states that said Strong had died, leaving no estate that complainant knew of, and that he had no administrator ; that he left a widow, and several children, his heirs, naming them, <fcc.
The said Holly, the widow and said children, and said Chatñelds, are made defendants. The complainant prays that said note may be declared to have a lien on saidlands, and, if necessary, that they may be decreed to be sold for its payment, and for general relief.
On motion of defendant Holly, the chancellor dismissed the complainant’s bill for want of equity. He appeals to this court, and assigns the decree dismissing the bill, for want of equity, for error.
Taking the statements of this bill to be true, the said Ckatfields must be regarded as the purchasers of the said lands, in the place of complainant; and that instead of making a new bond for titles, the bond given to complainant was, by the understanding of the parties, transferred or assigned to’them. We think this the true interpretation of this transaction, as the said thousand dollar note was made payable to said Strong, and purports on its face to be given in part payment of his plantation, on which he then resided, thus showing that the plantation mentioned in the said note consisted of the same lands which, a few days before, were sold to complainant. As this note was given in part for the purchase-money agreed to be paidfor said plantation, it was, in the hands of Strong, the vendor,