Hooper v. Armstrong
Supreme Court of Alabama
Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham. The bill in this canse was filed on the 25th of May, 1880, by Ella Armstrong, the appellee, against George ~W. Hooper, the appellant, and sought to enforce a vendor’s lien on a lot of land situate in the City of Opelika, in this State, for an unpaid balance of purchase-money.
Read the full summary
Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham. The bill in this canse was filed on the 25th of May, 1880, by Ella Armstrong, the appellee, against George ~W. Hooper, the appellant, and sought to enforce a vendor’s lien on a lot of land situate in the City of Opelika, in this State, for an unpaid balance of purchase-money. The bill averred, that the complainant was “ the owner and holder of four promissory notes, each bearing date the 4th day of March, 1874, and for two hundred and twenty-five dollars each,” made by the defendant, and payable in three, six, nine and twelve…
1Opinion of the CourtBrickell, C. J.
The contract between Hooper and Bogia stipulates that the notes given by Hooper payable to the appellee, should “be bound for the performance on the part of the said Bogia of his part of the agreement.” There was in the contract but two executory promises or covenants on the part of Bogia; the one is, that he would pay certain costs in a reasonable time, and this is accompanied with a stipulation that if he failed, Hooper, on paying them, should be entitled to a credit on the notes for the amount paid. The other stipulation is,that Bogia “should execute and deliver to said Hooper a full deed,…
2Cases cited3 opinions
- Boykin v. RainSupreme Court of Alabama · 1856
- Bowen v. SnellSupreme Court of Alabama · 1846
- Holmes v. BullockSupreme Court of Alabama · 1842
3Cited by9 opinions
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Weaver v. BrownSupreme Court of Alabama · 1888
- Stratton v. FikeSupreme Court of Alabama · 1909
- H., R. McC. v. W., L. Co.California Court of Appeal · 1906
- Harron, Rickard & McCone v. Wilson, Lyon & Co.California Court of Appeal · 1906
4 more not listed; retrieve them via the Exa API.