Pitts v. Powledge
Supreme Court of Alabama
Appeal from tbe Chancery Court of Lee. Heard before tbe Hon. N. S. Graham. Tbe original bill in this case was filed on tbe 25tb March, 1873, by John F. Powledge, against Michael T. Pitts; and sought to enforce a vendor’s lien for tbe unpaid purchase-money of land.
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Appeal from tbe Chancery Court of Lee. Heard before tbe Hon. N. S. Graham. Tbe original bill in this case was filed on tbe 25tb March, 1873, by John F. Powledge, against Michael T. Pitts; and sought to enforce a vendor’s lien for tbe unpaid purchase-money of land. It alleged, that the land was sold by the complainant to the defendant, on or about the 12th August, 1871; that-the complainant, at the time the contract was made, “ was seized in fee and in possession ” of said land ; that the defendant was put into possession of the land under the contract, and had paid all of the purchase-money…
1Opinion of the CourtBbickell, C. J.
The statute of amendments, applicable to pleadings in chancery, is broad and liberal, providing : “ Amendments of bills must be allowed, at any time before final decree, by striking out, or adding new parties, or to meet any state of evidence which will authorize relief.” B. C. § 3356. Prior to this statute, a suit in equity may have been defeated, on the hearing, for a misjoinder, or a nonjoinder of parties; an amendment after the cause was ripe for hearing, curing the defect, not being matter of right, but resting in the discretion of the chancellor, — Michan v. *150Wyatt, 21 Ala. 813. Any…
2Cases cited3 opinions
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
- Bell v. ThompsonSupreme Court of Alabama · 1859
- Michan v. WyattSupreme Court of Alabama · 1852
3Cited by26 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Webb v. RobbinsSupreme Court of Alabama · 1884
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
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