Young v. Hawkins
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. N. S. Graham. — (1.) The complainant’s own testimony shows that he has no interest in the subject-matter of this litigation, and hence no right to maintain the suit; that he has never paid his outstanding note, which belongs to Mrs. Waters, and to whom Young promised to pay it.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. N. S. Graham. — (1.) The complainant’s own testimony shows that he has no interest in the subject-matter of this litigation, and hence no right to maintain the suit; that he has never paid his outstanding note, which belongs to Mrs. Waters, and to whom Young promised to pay it. Rcvpier v. Gulf City Paper Go., 64 Ala. 33.0; Winter v. Merrick, 69 Ala. 86; Bryan v. Hendrix, 57 Ala. 387. (2.) If the contract between Hawkins and Young was, as the proof shows, that Young’s promise to pay the outstanding note of Hawkins was taken and…
1Opinion of the Court
STONE, J.-
— The present is a suit by Hawkins against Young and Hood, to enforce an alleged vendor’s lien. The *372bill makes the ordinary case of a sale and conveyance of certain lands by Hawkins to Young, of putting the vendee in possession, and avers that two hundred and fifty dollars of the promised purchase-money, with interest, remain unpaid. The bill then avers that Young subsequently sold and conveyed the lands to Hood, and that the latter purchased with knowledge of such unpaid purchase-money. The bill on its face clearly contains equity, and the demurrer to it was rightly overruled.
The…
2Cases cited8 opinions
- Carver v. EadsSupreme Court of Alabama · 1880
- Kelly v. PayneSupreme Court of Alabama · 1850
- Wilkinson v. MaySupreme Court of Alabama · 1881
- Reaves v. Garrett's Adm'rSupreme Court of Alabama · 1859
- Adams v. AdamsSupreme Court of Alabama · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
- Fite v. PearsonSupreme Court of Alabama · 1926
- Copeland v. BeardSupreme Court of Alabama · 1928
12 more not listed; retrieve them via the Exa API.