Scheerer v. Agee
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before the Hon. Thomas M. Arrington. On the 18th day of February, 1893, Townsend & Brown, judgment creditors of the Cloverclale Land & Development Company, and holders of a large number of its bonds, which were secured by a deed of trust upon all of its property, including certain lands, filed their bill in the city court of Montgomery, in equity, in behalf of themselves and all other creditors of said company, praying for the…
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Appeal from the City Court of Montgomery. Heard before the Hon. Thomas M. Arrington. On the 18th day of February, 1893, Townsend & Brown, judgment creditors of the Cloverclale Land & Development Company, and holders of a large number of its bonds, which were secured by a deed of trust upon all of its property, including certain lands, filed their bill in the city court of Montgomery, in equity, in behalf of themselves and all other creditors of said company, praying for the appointment of a receiver to operate the property of the company, and that “theproperty of said corporation be sold and…
1Opinion of the CourtMcOLELLAN, J.
— When the inquiry is whether the vendor of land intended to waive his lien for the purchase money, the purposes of the sale and conveyance may be quite material; and the averment in a bill to de*148claro and enforce a lien of a purpose to be subserved by the sale which is inconsistent with the retention or existence of the lien is not mere innocuous garrulity on the part of the pleader, but subjects the bill to demurrer for showing that the lien it seeks to enforce does hot exist. The present bill shows that the complainant owned three-tenths of a one-fifth' interest in a certain tract of land;…
2Cases cited3 opinions
- Thomason v. CooperSupreme Court of Alabama · 1877
- Hubbard v. BuckSupreme Court of Alabama · 1893
- Kelly v. KarsnerSupreme Court of Alabama · 1886
3Cited by9 opinions
- Horst v. BarretSupreme Court of Alabama · 1925
- In re V. & M. Lumber Co.District Court, N.D. Alabama · 1910
- Scheerer v. AgeeSupreme Court of Alabama · 1896
- Sims v. City of BirminghamSupreme Court of Alabama · 1951
- Ayers v. AyersSupreme Court of Alabama · 1954
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