Joseph v. Seward
Supreme Court of Alabama
Appeal from the City Court of Decatur. Heard before the Hon. Wm. H. Simpson. The bill in this case was filed on the 81st July, 1889, by E. R Seward, against O. W. Joseph and M. B. Jones; and ■sought to enforce a vendor’s lien on two town lots in Decatur, which complainant had sold and conveyed to the defendants, for the unpaid purchase-money due on the note last falling due.
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Appeal from the City Court of Decatur. Heard before the Hon. Wm. H. Simpson. The bill in this case was filed on the 81st July, 1889, by E. R Seward, against O. W. Joseph and M. B. Jones; and ■sought to enforce a vendor’s lien on two town lots in Decatur, which complainant had sold and conveyed to the defendants, for the unpaid purchase-money due on the note last falling due. The defendants, by answer and cross-bill, prayed a rescission of the contract, on account of an alleged misrepresentation of the boundary line of the lots, or an abatement of the purchase-money, on account of a deficiency…
1Opinion of the CourtStone, C. J.
In laying out the town of Decatur, the streets were made to run at right angles, cutting the ground into blocks -of two acres — being 264 feet by 330 — and surrounded on all sides by streets.- These ■ blocks were divided, into four lots of a half acre each, by lines bisecting them in each direction. Lots 445 and 446 adjoin each other, and are-imperfect by reason of an over-lap by another landed proprietor of older title. In 1887, Seward, through Skeggs, a real estate agent, contracted to sell these fractional lots to Joseph, ahd Jones, at the agreed price of sixteen hundred dollars, one-third…
2Cases cited4 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Tedder v. SteeleSupreme Court of Alabama · 1881
- Frederick v. YoungbloodSupreme Court of Alabama · 1851
- Olive v. AdamsSupreme Court of Alabama · 1874
3Cited by3 opinions
- In Re the Estate of LoucksCalifornia Supreme Court · 1911
- Johnson v. RogersSupreme Court of Alabama · 1896
- Bain v. Guntersville Realty Co.Supreme Court of Alabama · 1924