Eck v. Tate
Supreme Court of Alabama
Bill to Subject Land to the Discharge of Lien. Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by Eliza Tate, revived in tbe name of Joseph B. Tate, her personal representative, against Herman Eck and others to enforce a contract lien npon the shares of' co-parceners. From a decree for complainants respondents appeal.
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Bill to Subject Land to the Discharge of Lien. Appeal from Lauderdale Chancery Court. Heard before Hon. W. H. Simpson. Bill by Eliza Tate, revived in tbe name of Joseph B. Tate, her personal representative, against Herman Eck and others to enforce a contract lien npon the shares of' co-parceners. From a decree for complainants respondents appeal. Bill by Eliza Tate against the heirs at law of Joseph Hongh, deceased, and numerous other persons, into' whose hands it is alleged parcels of the land have passed. The bill alleges that at the November term, 1869, of the chancery court of Lauderdale…
1Opinion of the CourtAnderson, J.
Conceding that the partition heretofore made by the chancery court was by a consent decree, and was therefore a voluntary one, and that no lien was implied by law in favor of the coparceners for a failure or partial failure of title, as would be the case in an involuntary partition, there was a contract lien preserved by the decree in favor of Mrs. Tate and Ellen Hough for their protection, in case of a failure of title to certain lands allotted to them in section 23, and as to which Mrs. Tate was dispossessed to the extent of her part. Mrs. Tate having a lien on the land that was alot-ted to…
2Cases cited4 opinions
- Enslen v. WheelerSupreme Court of Alabama · 1893
- King v. SealsSupreme Court of Alabama · 1871
- Cooper v. DavisonSupreme Court of Alabama · 1888
- Jones v. BigstaffCourt of Appeals of Kentucky · 1894