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• Title: William A. Carr, Appellant v. Samuel H. Duval and Others
• Author : United States Supreme Court
• Release Date : January 01, 1840
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

In October 1825, William Harris, of Montgomery, Alabama, made his will, devising to his two sons, William and Stephen, the tract of land in controversy; lying on Lake Jackson, in Florida. Stephen and William, at their father's death were both minors; and William soon after died, leaving two brothers and three sisters, who are his heirs; and two of whom were infants when this bill was filed, and two of them married women. The land was unimproved and undivided. In the fall of 1835, William A. Carr, the complainant desired to purchase the land, and applied to Stephen W. Harris for the purpose, by letter; he Carr, residing in Georgia. The letter of Carr, opening the correspondence, is not in the record, but the answer to it is sufficiently explanatory. The answer is dated August 17th, 1835; in which Stephen W. Harris says, his father left the land to his young brother and himself, that his brother had died long since, and he had just come of age, and was entitled to half the land, which could be divided at any time; 'and my half,' says he, 'is for sale, but it has first to be divided; my price for that is ten dollars per acre.' 'The remaining half is owned by the brother and sisters of said brother, and I believe they are willing to sell, and their price, I expect, is ten dollars. Before any part of the land, short of the whole tract could be sold, it would first have to be divided; the whole could be sold so, and our price is ten dollars.' The next letter from Stephen W. Harris to complainant, is dated December 15th, 1835, acknowledging the receipt of one the day before from complainant, requesting to be informed of the quantity of the land. The answer stated it to be two thousand and hundred and thirty-one and one-fourth acres; and proposed to take Carr's offer for it, with interest on the last note, having two years to run. On January 2d, 1836, Harris acknowledged the receipt of another letter from Carr, dated the 25th December, preceding. 'I have,' says he, 'come to the determination to sell you the land on the terms you mentioned:' and then asks to be informed when, and where they shall meet to make the necessary arrangements.

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