Camody v. Webster
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. James E. Horton, Jr. Bill by Frank Webster against M. C. Camody and others, to enjoin and restrain respondents Erwin & Stout from disposing of and transferring a note, or from surrendering it to respondent Camody, or any one else except complainant, and to compel respondents Camody and Quarles, to specially perform said agreement by endorsing and delivering note to complainant.
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Appeal from Morgan Chancery Court. Heard before Hon. James E. Horton, Jr. Bill by Frank Webster against M. C. Camody and others, to enjoin and restrain respondents Erwin & Stout from disposing of and transferring a note, or from surrendering it to respondent Camody, or any one else except complainant, and to compel respondents Camody and Quarles, to specially perform said agreement by endorsing and delivering note to complainant. From a decree overruling demurrers to the bill respondents appeal.
1Opinion of the Court 1
*291This cause was submitted and considered under rule 46 (175 Ala. vii, 65 South, vii) and
2Opinion of the Court · MayfieldJustice Mayfield
The bill is filed in a double aspect, one in the nature of a bill to declare and enforce a trust, the other in the nature of one for specific performance. The two reliefs sought are not at all inconsistent, but both are necessary to obtain complete relief, each being complimentary to the other. The alleged trust relates to land, involving the declaring and enforcing of a lien in the nature of a vendor’s lien; and the specific performance, or relief in the nature thereof, relates to a note for $1,250 given'…
3Cases cited7 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Griggsby v. HairSupreme Court of Alabama · 1854
- Walker v. CrewsSupreme Court of Alabama · 1882
- Owen v. BankheadSupreme Court of Alabama · 1884
- Crompton v. VasserSupreme Court of Alabama · 1851
2 more not listed; retrieve them via the Exa API.
4Cited by1 opinion
- Day v. GallowayAlabama Court of Appeals · 1922