Thompson v. Sheppard
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Shajípe. The bill in this case was filed on the 6th February, 1888, by Fred. G. Sheppard, against Newcomb F. Thompson and J. N. Rutledge; and sought to enforce a vendor’s lien for the unpaid purchase-money of land, which the complainant had sold and conveyed to said Thompson.
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Shajípe. The bill in this case was filed on the 6th February, 1888, by Fred. G. Sheppard, against Newcomb F. Thompson and J. N. Rutledge; and sought to enforce a vendor’s lien for the unpaid purchase-money of land, which the complainant had sold and conveyed to said Thompson. The conveyance was dated December 13th, 1886, and contained the usual covenants of warranty; was signed by said F. G. Sheppard and his wife, and duly acknowledged by both of them, but recited that the wife “joins in this deed solely for the…
1Opinion of the CourtClopton, J.
Tbe bill of complaint, wbicb is filed by appellee to enforce a vendor’s lien on real estate, substantially conforms to tbe requirement of equity pleading, that such bill shall describe the land sought to be charged with sufficient certainty and definiteness to inform tbe court what particular land it is asked to decree to be sold — to render it capable of identification. Tbe particular land can be ascertained and identified by tbe description, as tbe residence of tbe complainant at tbe time of the sale and conveyance, bounded on tbe east by tbe section line, on tbe west by tbe Huntsville…
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