Prickett v. Sibert
Supreme Court of Alabama
Appkal from Etowah Chancery Court. Heard before Hon. N. S. Graham. The hill in this cause was filed on 2d September, 1879, and, as originally exhibited, it was a bill by O. W. Ward against W. P. Prickett, Rebecca Maddox, as the executrix of the last will and testament of J. W. Maddox, deceased, and C. P. Maddox and others, the heirs and devisees of said decedent, seeking to enforce a vendor’s lien on land for an unpaid balance of purchase-money.
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Appkal from Etowah Chancery Court. Heard before Hon. N. S. Graham. The hill in this cause was filed on 2d September, 1879, and, as originally exhibited, it was a bill by O. W. Ward against W. P. Prickett, Rebecca Maddox, as the executrix of the last will and testament of J. W. Maddox, deceased, and C. P. Maddox and others, the heirs and devisees of said decedent, seeking to enforce a vendor’s lien on land for an unpaid balance of purchase-money. It is averred, in substance, that on 26th October, 1872, one John P. Ralls sold and conveyed a designated tract of land in Etowah county to the said…
1Opinion of the CourtBrtckell, C. J.
1. There was no error in allowing the amendment of the original bill, by striking out the allegation, that the notewas by the payee transferred by delivery, and the insertion of an allegation, corresponding to the facts, that it was transferred by indorsement in writing, involving the payee and maker in liability for its ultimate payment. Whether the original bill contained equity; whether it presented a case of which the court could take cognizance, entitling the complainant to .relief, is not a material inquiry. If it did not, supplying or cori’ecting its deficiencies was the proper office…
2Cases cited12 opinions
- Cullum v. ErwinSupreme Court of Alabama · 1842
- King v. AverySupreme Court of Alabama · 1861
- Kelly v. PayneSupreme Court of Alabama · 1850
- Pitts v. PowledgeSupreme Court of Alabama · 1876
- Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
- Tennessee-Hermitage Nat. Bank v. HaganSupreme Court of Alabama · 1928
- Fite, Porter & Co. v. KennamerSupreme Court of Alabama · 1890
- Howser v. CruikshankSupreme Court of Alabama · 1898
12 more not listed; retrieve them via the Exa API.