Kirksey v. Means
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before Hon. J. Q. Loomis. The bill in this case was filed on the 19th December, 1866, by David J. Means, against Foster M. Kirksey, as the administrator of B. H. Eidgeway, deceased, and sought a specific performance of a contract in regard to personal property and to enforce a lien.
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Appeal from the Chancery Court of Greene. Heard before Hon. J. Q. Loomis. The bill in this case was filed on the 19th December, 1866, by David J. Means, against Foster M. Kirksey, as the administrator of B. H. Eidgeway, deceased, and sought a specific performance of a contract in regard to personal property and to enforce a lien. According to the allegations of the bill, the defendant’s intestate, B. H. Eidgeway, being indebted to the complainant in the sum of $32,000, by two promissory notes, falling due 1st February, 1862 and 1863 respectively, on the 19th day of December, 1859, executed to…
1Opinion of the CourtBird, J.
1. Under the contract of 31st January, 1866, and the deed of trust of the 19th December, 1859, the appellee obtained an equitable lien on the cotton made on the lands (conveyed in the latter) in the year 1866, which he could enforce in a court of equity against the appellant. — Maulden, Montague & Co. v. Armstead, Executor, 14 Ala. 607; Same v. Same, 18 ib. 509.
11. We prefer to place the equity of the bill upon the power and jurisdiction of courts of equity to enforce equitable liens and mortgages, rather than upon its jurisdiction to decree the specific performance of contracts. The result…
2Cases cited1 opinion
- Barefield v. StateSupreme Court of Alabama · 1848
3Cited by8 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Rees v. CoatsSupreme Court of Alabama · 1880
- Ellison v. MosesSupreme Court of Alabama · 1891
- Lyons & Co. v. McCurdySupreme Court of Alabama · 1890
- Jones & De Pras v. RobinsonSupreme Court of Alabama · 1884
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