Sayre v. Elyton Land Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Tiiomas Cobbs. On 18th June, 1873, the Elyton Land Company, a body corporate, sold to Calvin L. Sayre a block of lots in the city of Birmingham in this State, for the sum of $2500, partly for cash, and the balance on credit, taking his notes for the credit installments, and executing- to him a bond, conditioned to make title on payment of the purchase-money.
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Appeal from Jefferson Chancery Court. Heard before Hon. Tiiomas Cobbs. On 18th June, 1873, the Elyton Land Company, a body corporate, sold to Calvin L. Sayre a block of lots in the city of Birmingham in this State, for the sum of $2500, partly for cash, and the balance on credit, taking his notes for the credit installments, and executing- to him a bond, conditioned to make title on payment of the purchase-money. On 17th March, 1875, Sayre’s notes for the purchase-money being then past due and unpaid, said company filed in the Chancery Court of Jefferson county its bill of complaint against…
1Opinion of the CourtBrickell, C. J.
— There is more of apparent than of real difficulty in determining the character.of the' pleading which is the foundation of the present proceeding. The difficulty arises from the fact, that the pleader seems to have intended it should serve the purposes of a petition, or of an original bill, as the one or the other may by the court be deemed the more appropriate remedy to obtain the relief sought. As a general rule, while the suit is undecided (while it remains in the court, and subject to its control), in which a decree of sale is rendered, an original bill is not the appropriate remedy to…
2Cases cited19 opinions
- Allore v. JewellSupreme Court of the United States · 1877
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Marks v. CowlesSupreme Court of Alabama · 1878
- Glover v. GloverSupreme Court of Alabama · 1849
- Ex parte SmithSupreme Court of Alabama · 1859
14 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Harness v. CravensSupreme Court of Missouri · 1894
- Patton v. DardenSupreme Court of Alabama · 1933
35 more not listed; retrieve them via the Exa API.