54 Ala. 202 | Ala. | 1875
The bill was filed by the appellees, averring that in 1872 they bargained and sold to one John H. Huff the lands therein described, a part of which was the statutory separate estate of the appellee, Anna J., for the sum of thirty-six hundred dollars. One thousand dollars of the purchase money was paid in cash, and for the remainder three promissory notes, maturing at different times, were made by Huff, two of which were payable to Mrs. Dowling and one payable to her husband. A deed conveying the lands to Huff was made and he went into possession, remaining therein until his death some months thereafter, not having paid either or any part of said notes, two of which only were due when the bill was filed. Administration of his estate was taken by one Matthews and the widow of said JohnH., one Martha A. D. Huff. The said JohnH. left surviving him only two heirs, one M. M. Welch, a daughter and the wife of J. T. Welch, both of full age, and W. H. Huff, a minor over the age of fourteen, residing with his mother, the
The cause was heard by the chancellor on bill and answers, without any other proof than the exhibits to the bill, which are copies of the notes for the purchase money, and these do not appear to have been proved. A decree was rendered rescinding the purchase, canceling the notes for the purchase money, and the conveyance, ordering the administrators to pay the complainants two hundred dollars within ten days, dr that execution should issue against them, taxing them with costs.
The decree of the chancellor is erroneous. No sufficient ground for the rescission of the contract of purchase and the cancellation of the conveyance was shown, either by pleadings or proofs; nor was it shown or averred that such rescission or cancellation would operate beneficially to the estate, or rather to the creditors and next of kin of the intestate
There was also error in proceeding to a final decree without bringing before the court the defendant, J. T. Welch.
_ The decree must be reversed, and a decree here rendered, dismissing the complainant’s bill without prejudice to any future suit they may institute for the enforcement of a lien on the lands for the payment of the purchase money.