Hanvey v. Gaines
Supreme Court of Alabama
Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by R. A. Gaines against W. M. Hanvey to fix and enforce a vendor’s lien. From a decree overruling demurrers to the bill respondents appeal. The bill was subject to the demurrer interposed, and the court erred in overruling it. — Suddeth v. Knight, 14 South. 475, and authorities cited.
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Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by R. A. Gaines against W. M. Hanvey to fix and enforce a vendor’s lien. From a decree overruling demurrers to the bill respondents appeal. The bill was subject to the demurrer interposed, and the court erred in overruling it. — Suddeth v. Knight, 14 South. 475, and authorities cited. It appears from the bill that the property therein sought to be fixed with the lien was part personal and part real. — Parlcer v. Blount County, 148 Ala. 275; Rogers v. Prattville M. Co., 81 Ala. 483; Tillman v. Delacy, 80 Ala. 103. Under…
1Opinion of the CourtSayre, J.
Complainant (appellee) filed his bill to enforce a vendor’s lien. It is averred that complainant had in 1910 sold to defendant his mill property, consisting of a small parcel of 1% acres of land situated in DeKalb county and described in the bill by metes and bounds. The bill proceeds: “On said lands is situated a saw mill, shingle and grist mill and cotton gin combined, which have been operated since 1897, and said lands are otherwise known as the B. A. Gaines mill property.” But whether this language is quoted from the conveyance, which is not made a part of the bill, or whether it is…
2Cases cited7 opinions
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Gresham v. TaylorSupreme Court of Alabama · 1874
- Langston v. StateSupreme Court of Alabama · 1892
- McDaniel v. MoodySupreme Court of Alabama · 1831
- Hancock v. JordanSupreme Court of Alabama · 1845
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3Cited by5 opinions
- Huddleston v. FullerSupreme Court of Alabama · 1934
- Alabama MacHinery & Supply Co. v. RoquemoreSupreme Court of Alabama · 1921
- Cobb v. StinsonSupreme Court of Alabama · 1934
- Southern Cotton Oil Co. v. LowerySupreme Court of Alabama · 1935
- Southern v. City of New OrleansLouisiana Court of Appeal · 1929