Dothan Grocery Co. v. Dowling
Supreme Court of Alabama
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Bill by the Dothan Grocery Company against H. H. Dowling and others for exoneration and subrogation to a tax lien. Prom a decree sustaining demurrers to the bill complainant appeals.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Bill by the Dothan Grocery Company against H. H. Dowling and others for exoneration and subrogation to a tax lien. Prom a decree sustaining demurrers to the bill complainant appeals. Bill by appellant, a corporation, against H. H. Dowling and others, partners doing business under the name of Dothan Foundry & Machine Company, and J. U. Cureton, L. P. Kirkland, and A. T. Marchman, seeking reimbursement for funds paid out by complainant in discharge of a lien for sidewalk improvements paid to the city of Dothan, and to that end…
1Opinion of the CourtGardner, J.
(after stating the facts as above). [1] The bill discloses that the respondents Cureton, Kirkland, and Marchman owned a lot in the city of Dothan, incumbered by a lien of the city as provided by statute for sidewalk improvements, and sold a portion of said lot to complainant by warranty deed. The deed is one of bargain and sale and contains the usual covenants, including, of course, that the property “is free from incumbrances.” Such a conveyance therefore discloses an intention between the grantor and grantee that the former is to assume the whole burden of 'the incumbrance as a charge upon…
2Cases cited6 opinions
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
- Howser v. CruikshankSupreme Court of Alabama · 1898
- Troy v. Protestant Episcopal ChurchSupreme Court of Alabama · 1911
- Northwestern Land Ass'n v. HarrisSupreme Court of Alabama · 1896
- Randolph v. BillingSupreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- The Industrial Development Board of the Town of Section, Alabama v. Fuqua Industries, Inc., the Industrial Development Board of the City of Fort Payne, Alabama v. Fuqua Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- American Bonding Co. v. Fourth Nat. BankSupreme Court of Alabama · 1921
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- Batson v. EtheridgeSupreme Court of Alabama · 1940
9 more not listed; retrieve them via the Exa API.