Flinn v. Barber
Supreme Court of Alabama
Appeal from Chancery Court of Montgomery. Heard before Hon. H. AUSTILL. The appellant, Bunberry Flinn, filed this bill, on the 29th day of March, 1876, against Mrs. M. L. Barber, John G. Barber, and Josephine Flinn, to enforce a vendor’s lien for the unpaid purchase-money. Mrs. Barber, before her marriage with her present husband, had been married to Watson Flinn, a son of appellant, and Josephine was a child of her first marriage.
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Appeal from Chancery Court of Montgomery. Heard before Hon. H. AUSTILL. The appellant, Bunberry Flinn, filed this bill, on the 29th day of March, 1876, against Mrs. M. L. Barber, John G. Barber, and Josephine Flinn, to enforce a vendor’s lien for the unpaid purchase-money. Mrs. Barber, before her marriage with her present husband, had been married to Watson Flinn, a son of appellant, and Josephine was a child of her first marriage. The case made by the pleadings and proof was as follows : Appellant on the sixth day of October, 1865, sold the lands in question to his son, Watson, for the sum…
1Opinion of the CourtStone, J.
We think the weight of the testimony establishes the proposition that Mrs. Barber, then Elinn, paid the thousand dollars through her brother, Hereford, not in part payment of her deceased husband’s purchase, but in part payment of an original purchase made by herself. We think the testimony also shows that the note of Watson Elinn, payable to Bunberry Flinn, his father, was given as the purchase-price of the land described in the bill. Long before the purchase by Mrs. M. Louisa Flinn, now Mrs. Barber, and in the life-time of Watson Flinn, her former husband, Bunberry Flinn sold and conveyed…
2Cases cited5 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Locke's v. PalmerSupreme Court of Alabama · 1855
- Relfe v. RelfeSupreme Court of Alabama · 1859
- Inge v. BoardmanSupreme Court of Alabama · 1841
3Cited by8 opinions
- Smith v. RogersSupreme Court of Alabama · 1927
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Fearn v. WardSupreme Court of Alabama · 1886
- Smith v. GillamSupreme Court of Alabama · 1885
- Hood v. HammondSupreme Court of Alabama · 1900
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