Daughdrill v. Lockhart
Supreme Court of Alabama
Appeal from Perry Chancery Court. Heard before Hon. Thomas H. Smith. Bill by T. T. Daughdrill as executor, etc., against J. E. Lockhart to enforce a vendor’s lien. Decree for respondent and complainant appeals.
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Appeal from Perry Chancery Court. Heard before Hon. Thomas H. Smith. Bill by T. T. Daughdrill as executor, etc., against J. E. Lockhart to enforce a vendor’s lien. Decree for respondent and complainant appeals. The admissions of the answer would be considered by the court without any formal offer by complainant. — McGhee v. Lehman, 65 Ala. 316; Thorington v. Gity Council, 88 Ala. 551. The mere fact that plaintiff called the attention of the court to the admissions in the answer did not authorize respondent to offer the answer as a whole. — Marks v. Cowles, 61 Ala. 299; Buchanan v. Buchanan,…
1Opinion of the Court
de GRAFFENRIED, J.
We will treat this proceeding as a submission by a complainant of his cause for final decree upon the bill of complaint and the answer to the bill of complaint. The'complainant in his bill of complaint waived answer under oath, and the answer was not sworn to. The complainant submitted his cause upon his bill and the following testimony, viz.: “The admissions contained in the answers of the re*340spondent to the bill of complaint and his admissions contained in his answers to interrogatories propounded in the bill of complaint and incorporated in said answers as a part thereof.”…
2Cases cited8 opinions
- Pollak v. WinterSupreme Court of Alabama · 1911
- Shines v. SteinerSupreme Court of Alabama · 1884
- Crawford v. KirkseySupreme Court of Alabama · 1874
- Winter v. City Council of MontgomerySupreme Court of Alabama · 1887
- Blackshear v. BurkeSupreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dillard v. GillSupreme Court of Alabama · 1936
- Leeth Nat. Bank v. ElrodSupreme Court of Alabama · 1937
- Horton v. SpearsSupreme Court of Alabama · 1939
- Bromberg v. HoffmanSupreme Court of Alabama · 1921