Moses Bros. v. Johnson
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 26th August, 1889, by Moses Brothers, suing as partners, against Berry Johnson; and prayed an injunction, to restrain the defendant from cutting timber on a tract of land which the complainants had sold to him, except for repairs, fences, and other necessary purposes.
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Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 26th August, 1889, by Moses Brothers, suing as partners, against Berry Johnson; and prayed an injunction, to restrain the defendant from cutting timber on a tract of land which the complainants had sold to him, except for repairs, fences, and other necessary purposes. An injunction was granted on the filing of the bill; and after answer filed, the defendant submitted a motion to dissolve it, both for want of equity in tbe bill, and on tbe denials of tbe answer.…
1Opinion of the CourtStone, C. J.
Tbe appellants, who were tbe complainants, sold one hundred and sixty acres of land to tbe defendant, at tbe agreed price of fourteen hundred and forty dollars — nine dollars per acre. Only five dollars of tbe purchase-money was paid. Tbe balance, including interest, was agreed to be paid in annual installments, running through about five years from the date of tbe purchase, January 5, 1889. Complainants retained tbe title, giving to Johnson, tbe purchaser, their obligation to make him title on payment by him' of tbe purchase-money, and accruing taxes. Tbe *520agreement stipulated further, that…
2Cases cited10 opinions
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Relfe v. RelfeSupreme Court of Alabama · 1859
- Collins v. WhighamSupreme Court of Alabama · 1877
- Coleman v. SmithSupreme Court of Alabama · 1876
- Hammond v. WinchesterSupreme Court of Alabama · 1886
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3Cited by19 opinions
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- Finley v. ChainIndiana Court of Appeals · 1978
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