Gunter v. Beard
Supreme Court of Alabama
Bill in Equity to enforce Vendor's Lien on Land; Cross-Bill for Set-off and Recoupment of Damages. Appeal from the Chancery Court of Marshall. Heard before the Hon. S. K. McSpakden. The bill in this case was filed on the 16th May, 1889, by Arthur IT. Beard against W. M. Gunter, John H. Gunter, and others; and sought to enforce a vendor’s lien on a tract of land, for an alleged balance of purchase-money due and unpaid.
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Bill in Equity to enforce Vendor's Lien on Land; Cross-Bill for Set-off and Recoupment of Damages. Appeal from the Chancery Court of Marshall. Heard before the Hon. S. K. McSpakden. The bill in this case was filed on the 16th May, 1889, by Arthur IT. Beard against W. M. Gunter, John H. Gunter, and others; and sought to enforce a vendor’s lien on a tract of land, for an alleged balance of purchase-money due and unpaid. The contract for the sale of the land by complainant to said Gunters was made on the 24th March, 1883, the stiqralated price being $4,891.66, of which only $10 was paid in cash,…
1Opinion of the CourtMcOLELLAN, J.
— We shall not enter upon a discussion of the evidence in this case. It will suffice to say that it entirely satisfies us of the truth of the allegations of the bill as to the terms of the contract entered into in the year 1883, and as to (that being the only contract at any time made between the •parties. The most cursory examination of the documentary evidence demonstrates this, and the writings are corroborated, by the preponderance of the oral testimony. There was never in fact any change or modification of the contract as first made. The deed, it is true, was executed to W. M. Gunter,…
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