McCurdy v. Middleton
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. The bill in this case was filed on the 30th March, 1885, by W. D. McCurdy and T. L. Farris, as administrators of the insolvent estate of Bobert F. Simonton, deceased, ag'ainst Mrs. Boxana Simonton, the widow and sole devisee of said Bobert F., and against Mrs. Amanda W. Middleton (nee Simonton) and ber husband; and sought to enforce against Mrs. Middleton a vendor’s lien on a tract of land, for…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. The bill in this case was filed on the 30th March, 1885, by W. D. McCurdy and T. L. Farris, as administrators of the insolvent estate of Bobert F. Simonton, deceased, ag'ainst Mrs. Boxana Simonton, the widow and sole devisee of said Bobert F., and against Mrs. Amanda W. Middleton (nee Simonton) and ber husband; and sought to enforce against Mrs. Middleton a vendor’s lien on a tract of land, for a balance of the purchase-money alleged to be due and unpaid. Tbe tract of land contained 640 acres, and embraced parts…
1Opinion of the CourtStone, C. J.
— There is evidently a mistake in the description of the lands, the subject of this suit, if the transcript be a correct copy of the original papers. There is no discrepancy in the various descriptions of the lands in sections 13 and 24. The bill describes and claims relief as to 360 acres in section 14, being the south-east quarter, the south half of the north-east quarter, the east half of the south-west quarter, and the south-east quarter of the northwest quarter. These numbers form a perfect square, bounded east and south by the section lines, and approaching the northern and western…
2Cases cited8 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
- Wharton v. KingSupreme Court of Alabama · 1881
- Taylor & Co. v. CockrellSupreme Court of Alabama · 1885
- Johnson v. ThomasSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Bell v. BellSupreme Court of Alabama · 1911
- Koch v. RothIllinois Supreme Court · 1894
- Larry v. BrownSupreme Court of Alabama · 1907
- Brown v. Scheuer, Wise & Co.Supreme Court of Alabama · 1923
11 more not listed; retrieve them via the Exa API.