Vaughan v. Smith
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. N. S. Graham. The bill in this cause „ was filed by the appellant against-George W. Smith, George M. Gamble and another, the appellees, for the purpose of enforcing a vendor’s lien on certain lands, which Gamble sold to Smith for ten bales of cotton, for the delivery of which he took Smith’s two written obligations,, one for the delivery of five bales on 25th December, 1869, and the other for the delivery of five bales…
Read the full summary
Appeal from Tallapoosa Chancery Court. Heard before Hon. N. S. Graham. The bill in this cause „ was filed by the appellant against-George W. Smith, George M. Gamble and another, the appellees, for the purpose of enforcing a vendor’s lien on certain lands, which Gamble sold to Smith for ten bales of cotton, for the delivery of which he took Smith’s two written obligations,, one for the delivery of five bales on 25th December, 1869, and the other for the delivery of five bales on 25th December, 1870. Gamble reserved the title to the lands, and only executed to Smith his bond for title on the…
1Opinion of the CourtBbickell, C. J.
It was erroneous to proceed to the taking of testimony, and to a hearing, without the cause being at issue as to the respondent Gamble. The error was committed through the fault of the appellant, is not of injury to him, and is not available to reverse the decree at his instance.
There was a reference to the register, to ascertain what balance, if any, was unpaid on the contracts for the delivery of the cotton as the price of the lands. The register was instructed on the reference, to consider the testimony on .file, “ and all competent and legal evidence, whether oral or written, that may be…
2Cases cited5 opinions
- Harding v. WheatonSupreme Court of the United States · 1826
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Alexander v. AlexanderSupreme Court of Alabama · 1845
- O'reilly's Adm'r v. BradySupreme Court of Alabama · 1856
3Cited by28 opinions
- Andrews v. GreySupreme Court of Alabama · 1917
- Bidwell v. JohnsonSupreme Court of Alabama · 1915
- De Moville v. Merchants & Farmers BankSupreme Court of Alabama · 1939
- Ex Parte AppersonSupreme Court of Alabama · 1928
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
23 more not listed; retrieve them via the Exa API.