Griffin v. State

4 Citing cases

  1. McCary v. Treadway

    267 So. 2d 410 (Ala. 1972)   Cited 5 times

    The lease sale contract became an executed one when appellee performed her conditions by payment, she became entitled to a deed. Lynch v. Partain, 250 Ala. 241, 34 So.2d 2; Mitchell v. White, 244 Ala. 603, 14 So.2d 687; Griffin v. State, 30 Ala. App. 194, 2 So.2d 921. According to the doctrine of equitable conversion, by payment of the contract price, appellee became the equitable owner of the property which was not subject to divestiture by re-sale. McGuire v. Andre, 259 Ala. 109, 65 So.2d 185. Appellee has standing in a court of equity to obtain repayment of the purchase price paid because of the trust relationship created.

  2. Butler v. State

    285 Ala. 387 (Ala. 1970)   Cited 47 times

    This court is bound by the contents of the record. James v. State, 246 Ala. 617, 21 So.2d 847; Taylor v. State, 249 Ala. 130, 30 So.2d 256; Griffin v. State, 30 Ala. App. 194, 2 So.2d 921; Lokos v. State, 278 Ala. 586, 591, 179 So.2d 714. Ex parte affidavits of the nature in question cannot be made a part of the record and therefore cannot be considered by the court. Ragsdale v. State, 134 Ala. 24, 35, 32 So. 674; Lewis v. State, 42 Ala. App. 166, 169, 157 So.2d 38.

  3. Warner v. Bullington

    624 So. 2d 594 (Ala. Civ. App. 1993)   Cited 3 times

    Warner acknowledged that the contract did not contain certain disclosures required by the Federal Truth-in-Lending Act (FTLA). It appears that the contract sought to be enforced by Warner was in the nature of a bond for title, long since ruled to be in effect a deed and mortgage requiring foreclosure proceedings and a recognition of equitable interests in accordance with applicable law concerning property rights and deeds and mortgages. See Lewis v. Hickman, 200 Ala. 672, 77 So. 46 (1917); Griffin v. State, 30 Ala. App. 194, 2 So.2d 921 (1941). Upon being notified to vacate the premises, Bullington filed this action to invoke the penalties of the FTLA and the Mini-Code. Concomitantly, Bullington requested rescission, which was complied with by Warner.

  4. Williams v. State

    37 Ala. App. 114 (Ala. Crim. App. 1953)

    He went into the matter with considerable care. See also, Title 15, ยง 318, Cumulative Pocket Part, Code 1940; Griffin v. State, 30 Ala. App. 194, 2 So.2d 921; Gilchrist v. State, 234 Ala. 73, 173 So. 651; Green v. State, 27 Ala. App. 209, 170 So. 72; Mackreth v. Wilson, 31 Ala. App. 191, 15 So.2d 112; Bethune v. State, 26 Ala. App. 72, 153 So. 892; Cook v. State, 32 Ala. App. 168, 22 So.2d 924. In brief appellant's counsel urges that a reversal should be ordered because the jury was permitted to separate during the trial proceedings.