Wynn v. Rosette
Supreme Court of Alabama
Appeal from the Chancery Court of Russell. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 22d January, 1878, by John J. Wynn, against George W. Rosette and Charles B. Taliaferro ; and sought to enforce an alleged vendor’s lien on land for the unpaid purchase-money.
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Appeal from the Chancery Court of Russell. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 22d January, 1878, by John J. Wynn, against George W. Rosette and Charles B. Taliaferro ; and sought to enforce an alleged vendor’s lien on land for the unpaid purchase-money. The material facts, as alleged in the bill, were these: “Early in the year 1874,” complainant, being seized and possessed of a tract of land in said county, particularly described, “sold and conveyed said lands to one Britain M. Ware, making to him a deed for the same, and conveying to him the legal…
1Opinion of the CourtSomebyille, J.
This cause was submitted to the chancellor for hearing, on bill and answers, without testimony; the answers being under oath, as required by the bill. In such cases, whatever may have been the former practice on the subject, -the statute now provides, that the answers must be taken as true, only “so far as they are responsive to the allegations of the bill.” It is otherwise, however, where the complainant has waived the oath of the defendant to the answer. — Code (1876), § 8786. And as to matter which is not responsive, and is introduced by way of defense, and in avoidance of the case made by…
2Cases cited5 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Buford v. McCormickSupreme Court of Alabama · 1876
- Keiffer v. Barney Bros.Supreme Court of Alabama · 1857
- Frazer's Executors v. LeeSupreme Court of Alabama · 1868
- Pierce v. PrudeSupreme Court of Alabama · 1841
3Cited by5 opinions
- Barton v. BartonSupreme Court of Alabama · 1883
- Dillard v. GillSupreme Court of Alabama · 1936
- Griffith v. First Nat. Bank of GuntersvilleSupreme Court of Alabama · 1932
- Birmingham Nat. Bank v. SteeleSupreme Court of Alabama · 1893
- Rosette v. WynnSupreme Court of Alabama · 1882