Ware v. Curry
Supreme Court of Alabama
Bill in Equity to Enforce Vendor's Lien on Land. Appeal from Talladega Chancery Court. Heard before Hon. N. S. Gbaham. This was a bill in equity, filed on the 15th of September, 1878, by Jas. A. Curry, against Horace Ware, Samuel Olabaugh, the Alabama Iron Company, and S. J. Glidden.
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Bill in Equity to Enforce Vendor's Lien on Land. Appeal from Talladega Chancery Court. Heard before Hon. N. S. Gbaham. This was a bill in equity, filed on the 15th of September, 1878, by Jas. A. Curry, against Horace Ware, Samuel Olabaugh, the Alabama Iron Company, and S. J. Glidden. The bill states, that on the 13th of September, 1862, James A. Curry and Samuel Clabaugh formed a partnership for the purpose of manufacturing iron ; that they purchased a large body of lands which are described in the bill, and erected such buildings, and put up such machinery thereon, as was necessary for the…
1Opinion of the CourtBbickell, C. J.
— The original bill is filed by the appellee to enforce a lien on lands for the payment of the purchase-money. There are numerous causes of demurrer *282assigned, but they are reducible really to five, which may be stated, as follows, viz :. 1. That Glidden is without interest in the subject-matter of the suit, and is, therefore, improperly joined as a defendant.
2. That the bill is multifarious, seeking an account and settlement of the partnership which had existed between the complainant, Curry, and the respondent, Clabaugh, and the enforcement of a lien on the lands for the payment of the…
2Cases cited12 opinions
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