30 Ala. 438 | Ala. | 1857
In the case of Lanier v. Hill, 25 Ala. 554, this court passed upon the identical contract presented by this record, and held, that the purchaser was entitled to relief in equity. That decision is decisive of this case, unless the giving of the new note places Henderson’s rights on a firmer footing.
Hill, as administrator with tbe will annexed, bad no authority tó make sale of tbe land. Tbe first note was, therefore, without consideration. Tbe artifice by which Henderson obtained tbe second note, cannot place Mm in a better position than that occupied by Hill. — See Finn & Dula y v. Barclay, supra.
Tbe decree of tbe chancellor is reversed, and tbe cause remanded for further proceedings in accordance with this opinion.