Winter v. Banks
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. JohN A. FosteR. The original bill in this case was filed on the 29th January, 1880, by Thomas Banks, against John Gindrat Winter; and sought to enforce an alleged vendor’s lien on a tract of land, for a balance of the purchase-money due by the terms of the written contract between the parties.
Read the full summary
Appeal from the Chancery Court of Montgomery. Heard before the Hon. JohN A. FosteR. The original bill in this case was filed on the 29th January, 1880, by Thomas Banks, against John Gindrat Winter; and sought to enforce an alleged vendor’s lien on a tract of land, for a balance of the purchase-money due by the terms of the written contract between the parties. Banks was in possession of the tract of land at the time he agreed to sell to Winter; but a bill in chancery was then pending against him, in favor of the personal representative of B. D. Gregg, deceased, involving the title to the land…
1Opinion of the Court
BRICKELL, O. J.
The assignments of error refer only to the oue ruling on exceptions to the report of the register upon matters of account between the parties. On appeal from a decree of the chancellor, overruling exceptions to the 'report of the register on questions and matters of account dependent upon the conclusions drawn by the register from evidence produced before him, all reasonable presumptions are indulged to support his rulings, and they will not be disturbed unless shown to be clearly wrong.—Kinsey v. Kinsey, 37 Ala. 393; Mahone v. Williams, 39 Ala. 202; Lehman v. Levy, 69 Ala. 48.…
2Cases cited3 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Kinsey v. KinseySupreme Court of Alabama · 1861
- Lehman v. LevySupreme Court of Alabama · 1881
3Cited by8 opinions
- Gresham v. WareSupreme Court of Alabama · 1885
- Pollard v. American Freehold Land Mortgage Co. of LondonSupreme Court of Alabama · 1903
- Glover v. HembreeSupreme Court of Alabama · 1886
- Smith v. VaughanSupreme Court of Alabama · 1884
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.