Johnson v. Durner
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The original bill in'this case was filed on the 26th March, 1889, by Michael Durner against Thomas L. Johnson, to enforce an alleged vendor’s lien on land for unpaid purchase-money, as evidenced by two notes held by the complainant.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The original bill in'this case was filed on the 26th March, 1889, by Michael Durner against Thomas L. Johnson, to enforce an alleged vendor’s lien on land for unpaid purchase-money, as evidenced by two notes held by the complainant. The land had belonged to the complainant and Alfred R, Mullens, and was sold and conveyed by them jointly to said Johnson, by deed dated November 11th, 1887. A part of the purchase-money, $5,000, was paid in cash, and for the residue the purchaser executed his six promissory notes,…
1Opinion of the CourtClopton, J.
-The bill, as originally framed, avers that the lands were sold and conveyed by appellees to appellant, for ten thousand dollars, one-half of which was paid in cash, and for the balance appellant gave six several promissory notes, payable to appellees, which are described by date, amount, and when payable. It was originally filed by Michael Durner, one of appellees, as sole complainant. Copies of two of the notes described in the bill were attached as exhibits, which, it is alleged, had been transferred to complainant for a valuable consideration. The amendment of the bill, by striking out…
2Cases cited6 opinions
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Kelly v. PayneSupreme Court of Alabama · 1850
- Pitts v. PowledgeSupreme Court of Alabama · 1876
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- Shelton v. Aultman & Taylor Co.Supreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Russell v. RussellSupreme Court of Alabama · 1960
- Collins v. Stix, Kraus & Co.Supreme Court of Alabama · 1892
- In re V. & M. Lumber Co.District Court, N.D. Alabama · 1910
4 more not listed; retrieve them via the Exa API.