Beatty v. Brown
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 31st March, 1885, by William M. Beatty against Bandall B. Brown, and sought particularly to have a written agreement between the parties construed and enforced as a contract of sale, creating an equitable mortgage for the purchase-money; also, to have the lands sold for the payment of the balance due, as ascertained on an account to be stated by the…
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 31st March, 1885, by William M. Beatty against Bandall B. Brown, and sought particularly to have a written agreement between the parties construed and enforced as a contract of sale, creating an equitable mortgage for the purchase-money; also, to have the lands sold for the payment of the balance due, as ascertained on an account to be stated by the register, and for an injunction of several actions at law, which the defendant had instituted, to recover the possession of…
1Opinion of the CourtSomeryille, J.
The assignment of error most relied, on in this case is, that the chancellor erred in not allowing an amendment to be made to the bill of complaint.
The only amendment anywhere appearing in the record is one marked “filed in open court” on September 20th, 1886, which was the day on which the final decree in the cause was rendered. We assume this to be the amendment to which reference is made.
There are three reasons which severally justify us in overruling this assignment of error:
(1.) It is nowhere made to appear that this amendment was ever brought to the attention of the chancellor, or that…
2Cases cited1 opinion
- Smith v. ColemanSupreme Court of Alabama · 1877
3Cited by3 opinions
- Sloss-Sheffield Steed & Iron Co. v. YanceySupreme Court of Alabama · 1918
- Kirby v. PuckettSupreme Court of Alabama · 1917
- Schofield v. FranklinSupreme Court of Alabama · 1964