Carver v. Eads
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 19th May, 1876, by Caswell Eads, against Thomas J. Carver and liis wife, Ulrica E. Carver; and sought to enforce a charge in the nature of a vendor’s lien, on a tract of land which had been sold and conveyed to Mrs. Carver by B. F. Carver, who was the brother of said Thomas J. The debt sought to be enforced by the bill was due and owing to the complainant…
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Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 19th May, 1876, by Caswell Eads, against Thomas J. Carver and liis wife, Ulrica E. Carver; and sought to enforce a charge in the nature of a vendor’s lien, on a tract of land which had been sold and conveyed to Mrs. Carver by B. F. Carver, who was the brother of said Thomas J. The debt sought to be enforced by the bill was due and owing to the complainant from said B. F. Carver, and a promise to pay it was alleged to be a part of the consideration of the sale and conveyance of…
1Opinion of the CourtBb.icelell, C. J.
— The averment of the original bill is, in substance, that Benjamin F. Carver was indebted to the complainant, in the sum of twelve hundred and forty-two 42-100 dollars; that, being so indebted, on the 10th day of September, 1869, he bargained and sold to Thomas J. Carver and his wife a tract of land; that at the time of the sale there was an agreement between the vendor and vendees, that in part payment of the purchase-money the vendees should pay the complainant the said debt due him from the vendor. The prayer of the bill is, that a lien on said lands, for the payment of said debt, may be…
2Cases cited1 opinion
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
3Cited by37 opinions
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- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
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- Moss v. SperrySupreme Court of Florida · 1939
- United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
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