Monk v. Stuart
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Bill by George Stuart, as trustee in bankruptcy of C. V. Bogacki, against T. A. Monk and wife, to enforce vendor’s 1-ien. From decree- for complainant, respondents appeal.
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Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Bill by George Stuart, as trustee in bankruptcy of C. V. Bogacki, against T. A. Monk and wife, to enforce vendor’s 1-ien. From decree- for complainant, respondents appeal. The controversy was over the purchase of a house which was built by Bogacki and purchased by Monk for the sum of $6,000, Monk assuming a $3,500 -mortgage, the balance to be paid out of his salary and commissions, he being at the time employed by Bogacki. By agreement the deed was made to Mrs. Monk. The bill acknowledges the credit of $770.91, and claims a…
1Opinion of the CourtThomas, J.
The respective counsel agree that the one question insisted upon by counsel (Georgia Cot. Co. v. Lee, 196 Ala. 599, 72 South. 158, 1601) is the admissibility in evidence of the statement of account in question.
The bill was to enforce a vendor’s lien on the real property described in the pleading by a trustee in bankruptcy of the estate of C. X. Bogacki against T. A. Monk and Mayme Elizabeth Monk. There was conflict in the testimony of Mr. Monk and Mr. Bogacki as to what was the agreement of sale. Counsel for appellant say, “No point is raised on this appeal growing out of such conflict,” and…
2Cases cited15 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
- Buford v. McCormickSupreme Court of Alabama · 1876
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
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3Cited by2 opinions
- Central of Georgia Ry. Co. v. WilsonSupreme Court of Alabama · 1927
- Tucker v. TuckerSupreme Court of Alabama · 1931