26 Ala. 612 | Ala. | 1855
—The object of the bill is, to prevent Cowles from asserting his legal title to certain lands (which, it is alleged, he sold to Robert J. Ware, and which were sold by him to Arnold Seales, and by Seales to the complainant Jones) on the ground, that he has placed him-' self in a position which, in equity, estops him from the assertion of such title against the appellant, Jones.
The charge is, that Seales purchased of Ware certain lands, including the lands subsequently sold to the complainant, for
But if the fact which we suppose was intended to be charged had been alleged with sufficient certainty, we think the injunction was properly dissolved on the answer of Cowles. In this aspect, the facts out of which the supposed equity of the appellant arises, are, that there was a contract between Ware and Seales for the sale of the land, which was to become effectual if Cowles, who had the legal title, should approve and sanction the sale ; that Cowles, on being advised of the contract, gave his assent to the sale, and said that he
Judgment affirmed.