Legal Opinion

Long v. Pace

Supreme Court of Alabama

Decided January 15, 1868PublishedCited by 9 opinions

Appeal from Chancery Court of Bussell. Heard before Hon. N. W. Cooke, Chancellor. This was a bill in chancery filed by Pace (the appellee) against the appellant, to subject certain land to sale, for the enforcement of a vendor’s lien. There was a decree pro confesso, and a sale of the land ordered. From this the said Long appealed, and assigns for error the decree of the court.

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Appeal from Chancery Court of Bussell. Heard before Hon. N. W. Cooke, Chancellor. This was a bill in chancery filed by Pace (the appellee) against the appellant, to subject certain land to sale, for the enforcement of a vendor’s lien. There was a decree pro confesso, and a sale of the land ordered. From this the said Long appealed, and assigns for error the decree of the court. The opinion of the court is so full on the question decided, that no further statement is necessary.

1Opinion of the CourtJudge, J.

The object of the bill seems to be to enforce the vendor’s lien upon real estate for the payment of the purchase money.

It is essential, in a bill of this character, that the land should be described with sufficient particularity to inform the defendant what he is to defend against, and the court what particular land it is called on to render a decree for the sale of.

This has not been done in the present case. The land which it is averred is subject to the lien, is described in the bill as follows: “ The north half of the southeast *496quarter of section eleven, township eighteen, and range…

2Cited by9 opinions

  1. Chambers v. RingstaffSupreme Court of Alabama · 1881
  2. Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
  3. Wright's Heirs v. WareSupreme Court of Alabama · 1874
  4. Goodwin v. FormanSupreme Court of Alabama · 1896
  5. Hurt v. FreemanSupreme Court of Alabama · 1879

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