Linn v. McLean
Supreme Court of Alabama
Appeal from the Chancery Court of Elmore. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 20th March, 1885, by W. S. McLean, against J. J. Linn; and sought to enforce an alleged vendor’s lien for the unpaid purchase-money of a tract of land, containing about sixty acres.
Read the full summary
Appeal from the Chancery Court of Elmore. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 20th March, 1885, by W. S. McLean, against J. J. Linn; and sought to enforce an alleged vendor’s lien for the unpaid purchase-money of a tract of land, containing about sixty acres. The contract for the sale of the land, as the complainant insisted, was shown by two writings: 1st, a deed dated February 13th, 1884, by which complainant sold and conveyed to said Linn, with covenants of warranty, all the ochre which the said Linn might be able to mine and take out of the land…
1Opinion of the CourtStone, C. J.
When this case returned to the Chancery Court, the answer was amended by leave of the court, for the purpose of interposing the defense of the statute of frauds, against the relief prayed by the bill. Our statute is different from its English prototype, 29 Charles Second. It is also different from many, if not most of the statutes of other States on the same subject. Its language is: “In the following cases, every agreement is void, unless such agreement, or some note or memorandum thereof, expressing the consideration, is in writing, subscribed by the party to be charged therewith, or by…
2Cases cited5 opinions
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Knox v. KingSupreme Court of Alabama · 1860
- Watt v. ParsonsSupreme Court of Alabama · 1882
- Linn v. McLeanSupreme Court of Alabama · 1885
3Cited by17 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Dozier v. Troy Drive-In-Theatres, Inc.Supreme Court of Alabama · 1956
- Jones v. JonesSupreme Court of Alabama · 1929
- Thompson v. New South Coal Co.Supreme Court of Alabama · 1902
- Davis v. RobertSupreme Court of Alabama · 1889
12 more not listed; retrieve them via the Exa API.