McCrory v. Guyton
Supreme Court of Alabama
Appeal from Marion Chancery Court. Heard before Hon. W. H. Simpson. Bill by Warren Guyton against R. C. McCrory to enforce a vendor’s lien. From a decree overruling demurrers to the amended bill, respondent appeals. This case will be found reported under the style of McCrory v. Guyton, 154 Ala. 355, 45 South. 658, where the allegations of the bill will be found set out.
Read the full summary
Appeal from Marion Chancery Court. Heard before Hon. W. H. Simpson. Bill by Warren Guyton against R. C. McCrory to enforce a vendor’s lien. From a decree overruling demurrers to the amended bill, respondent appeals. This case will be found reported under the style of McCrory v. Guyton, 154 Ala. 355, 45 South. 658, where the allegations of the bill will be found set out. The second amendment to the bill seeks to enforce a vendor’s lien on the same land, and alleges that, in selling and conveying the land to respondent, orator reserved a vendor’s lien for the unpaid purchase money, and alleges…
1Opinion of the CourtAnderson, J.
While we have separate statutes as to amendments in law and in chancery cases, our *367court decided as far back as the case of Moore v. Alvis, 54 Ala. 356, thgt the Legislature intended to make the rule of amendments in chancery conform substantially to the rule governing amendments of pleading in suits at law. It was there held that any amendment might be made to meet the justice of. the case or any state of the proof, provided it would not effect an entire change of parties or work a change of the cause of action. The question was again gone over in the cases of Hall & Farley v. Ala. Co., 152…
2Cases cited6 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Ivy Coal & Coke Co. v. LongSupreme Court of Alabama · 1903
- Moore's Adm'r v. AlvisSupreme Court of Alabama · 1875
- Alabama Construction Co. v. WatsonSupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ex Parte KelenSupreme Court of Alabama · 1931