Overall v. Taylor
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed by the appellee, Elijah S. Taylor, on August 13, 1888, against Thomas P. Miller & Go. and the individual members of said firin, and Samuel Timney, Mary L. Timney, R. D. Byrne, and Frank E. Overall, as assignee of Thos. P. Miller & Co. The purpose of the bill was to enforce a vendor’s lien on certain property, which was specifically described therein.
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Appeal from Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed by the appellee, Elijah S. Taylor, on August 13, 1888, against Thomas P. Miller & Go. and the individual members of said firin, and Samuel Timney, Mary L. Timney, R. D. Byrne, and Frank E. Overall, as assignee of Thos. P. Miller & Co. The purpose of the bill was to enforce a vendor’s lien on certain property, which was specifically described therein. It was averred in the bill that on August 1, 1883, the complainant sold and conveyed by deecí to R. D. Byrne, the lands upon which the…
1Opinion of the CourtMcCLELLAN, J.
It is not necessary to a decision of this case that we should undertake to arrive at the truth between the witnesses Byrne and Charles B. Miller, as to whether the former informed the latter before the execution of the mortgage, under which Thomas P. Miller & Co. claim to be bona fide purchasers without notice of the land involved here, that no part of the purchase-money therefor had been paid and that Taylor, Byrne’s vendor, had a lien on the land for its payment. That inquiry aside, it is most clear from the testimony of Charles B. Miller himself that he, and of consequence the firm of…
2Cases cited16 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- Craft v. RussellSupreme Court of Alabama · 1880
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Webb v. RobbinsSupreme Court of Alabama · 1884
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3Cited by12 opinions
- Pyeatt v. EstusSupreme Court of Oklahoma · 1916
- Figh v. TaberSupreme Court of Alabama · 1919
- Hess v. HodgesSupreme Court of Alabama · 1918
- Sherrod v. Hollywood Holding CorporationSupreme Court of Alabama · 1937
- Shook v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1903
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