Russell v. McCormick
Supreme Court of Alabama
Atteal from Chancery Court of Barbour. Heard before Hon. B. B. MoOraw. On the 31st of October, 1865, McCormick and appellant’s testator agreed in writing for the sale by the former to the latter of eight hundred and eighty acres of land and a large amount of personal property, which is particularly set out in the agreement, together with the price of the lands per aere, and of each article of the personal property.
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Atteal from Chancery Court of Barbour. Heard before Hon. B. B. MoOraw. On the 31st of October, 1865, McCormick and appellant’s testator agreed in writing for the sale by the former to the latter of eight hundred and eighty acres of land and a large amount of personal property, which is particularly set out in the agreement, together with the price of the lands per aere, and of each article of the personal property. On the next day, Russell® executed the following obligation : “ $11,840. By the first day of January, A. X). 1867, X promise to pay James McOormick, or bearer, eleven thousand…
1Opinion of the CourtB. F. Saffold, J.
There is no doubt about the' equity of the bill. The land proceeded against is that for which the money was due, and no cause is shown why the vendor’s lien does not attach.
The chief issue between the parties is the correctness of the decree ascertaining the complainant’s demand in coin. The obligation of the debtor was to pay half of what is unpaid in cotton at twenty cents a pound, or coin, at his option, and the other half in the same way, at the option of the creditor, by a specified time. In Lane v. Kirkman, Minor, 411, where a note for a specified sum of money was payable on a day…
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