Paige v. Broadfoot
Supreme Court of Alabama
Appeal from the City Court of Decatur. Heard before Hon. William H. Simpson. The bill in this case was filed by Catherine E. Broadfoot against John Paige and his wife, and sought to enforce a vendor’s lien on certain property. The appeal is prosecuted from a decree of the chancellor overruling certain demurrers interposed by the defendants. The description of the property upon which the lien is sought to be fastened is sufficiently stated in the opinion.
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Appeal from the City Court of Decatur. Heard before Hon. William H. Simpson. The bill in this case was filed by Catherine E. Broadfoot against John Paige and his wife, and sought to enforce a vendor’s lien on certain property. The appeal is prosecuted from a decree of the chancellor overruling certain demurrers interposed by the defendants. The description of the property upon which the lien is sought to be fastened is sufficiently stated in the opinion. After alleging the sale of said property to John Paige by the complainants, and the execution by said Paige of his two promissory notes for…
1Opinion of the CourtHaralson, J.
1. The allegation of the bill as- to the ownership of the notes is, that they were made payable to the complainant, and nothing appearing to the contrary, the presumption is, they continued to be hers. Besides, her ownership of the notes she sues on, can not be put in issue without a plea denying her ownership of them, verified by affidavit.—Hooper v. Strahan, 71 Ala. 75; Bonner v. Young, 68 Ala. 35; Code, § 2770.
2. The second ground of demurrer is based on the lack of allegations which plainly appear on the face of the bill.
3. The land is described in the bill, as 12 acres situated in the S.…
2Cases cited4 opinions
- Hooper v. StrahanSupreme Court of Alabama · 1881
- Voltz v. VoltzSupreme Court of Alabama · 1883
- Bonner v. YoungSupreme Court of Alabama · 1880
- McKenzie v. BaldridgeSupreme Court of Alabama · 1873
3Cited by7 opinions
- Enslen v. AllenSupreme Court of Alabama · 1909
- Burch v. DriverSupreme Court of Alabama · 1921
- Noble v. GilliamSupreme Court of Alabama · 1902
- Young Women's Christian Ass'n v. GunterSupreme Court of Alabama · 1935
- Cobb v. StinsonSupreme Court of Alabama · 1934
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