Legal Opinion

Milner v. Ramsey

Supreme Court of Alabama

Decided June 15, 1872PublishedCited by 1 opinion

Appeal from the Chancery Court of Marshall. Heard before Hon. ¥i. Skinner. The bill in this case was filed by the appellee, Lovic P. Bamsey, as the administrator of B. B. Bamsey, deceased, against the appellants, Henry Milner and William Milner, to set up and enforce a vendor’s lien on certain lands lying and being in the county of Marshall.

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Appeal from the Chancery Court of Marshall. Heard before Hon. ¥i. Skinner. The bill in this case was filed by the appellee, Lovic P. Bamsey, as the administrator of B. B. Bamsey, deceased, against the appellants, Henry Milner and William Milner, to set up and enforce a vendor’s lien on certain lands lying and being in the county of Marshall. It states, in substance, that complainant’s intestate, B. B. Bamsey, on the 9th day of December, 1858, bargained, sold and conveyed the lands to defendant Henry Milner; that for a portion of the purchase-money, two thousand dollars, Henry Milner gave his…

1Opinion of the CourtPeck, C. J.

-The statements in the bill clo not show that William Milner was a material defendant. No relief was prayed, and no decree rendered against him; and the proof, the written admissions of the complainant, and the statements in the answer of defendant Henry Milner, which by said admissions are made evidence, clearly show that he had no interest in the subject-matter of the suit; that he was in the possession of said lands, as the agent of said defendant Henry Milner. A person who hg.s no interest in the suit, and against whom, if brought to a hearing, no decree could be rendered, as, for…

2Cases cited2 opinions

  1. Lewis v. ElrodSupreme Court of Alabama · 1861
  2. Johnston v. ShawSupreme Court of Alabama · 1858

3Cited by1 opinion

  1. Wilder v. CrookSupreme Court of Alabama · 1948

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