Beall v. Lehman, Durr Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. I-Iearcl before the Hon. William L. Parks. The bill in this case was filed by Lehman, Durr Company, appellees, against ithe appellants. The purpose of this bill and the facts of this case’necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Crenshaw. I-Iearcl before the Hon. William L. Parks. The bill in this case was filed by Lehman, Durr Company, appellees, against ithe appellants. The purpose of this bill and the facts of this case’necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. The decree rendered in the.case was that the complainant “is entitled to the relief as prayed, and said purchase money lien, as evidenced by said note * * as set forth in said original bill is hereby decreed valid and' a s;x: pe'rior lien upon” the real…
1Opinion of the CourtTyson, J.
The bill in this cause was filed to subject certain real estate therein described to the satisfaction of a note given for.the purchase of-the same. It is alleged that this note was transferred and held by the complainant as collateral security for an indebtedness due to it by Beall & Coston and J. W. Beall: The object sought ito he accomplished is to recover the sum or sums of money alleged to be due by these parties to the complainant for which ¡the note was hypothecated. One of the issues presented by the pleadings is whether there is any sum due by Beiall & ‘Coston or J. W. Beall to these…
2Cases cited4 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Garner v. PrewittSupreme Court of Alabama · 1858
- Walker v. CrawfordSupreme Court of Alabama · 1881
- Savage v. JohnsonSupreme Court of Alabama · 1899
3Cited by3 opinions
- Moorer v. ChastangSupreme Court of Alabama · 1946
- Federal Automobile Ins. Ass'n v. AbramsSupreme Court of Alabama · 1928
- Lehman-Durr Co. v. FolmarSupreme Court of Alabama · 1907