Legal Opinion

Purcell v. Lay

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 3 opinions

Appeal from Etowah Chancery Court. Heard before Hon. S. K. MoSpadden. cited U. S. Bev. Stat, Title Homesteads, § 2289, et seq.j 13 Ala. 21; 12 Ala. 667; 33 Ala. 65; 71 Ala. 236; 32 Ala. 288; 62 Ala. 121; 22 Ala. 687; 23 Ala. 676. cited Gallagher v. Witheringlon, 29 Ala. 420; 10 Ala. 17; 5 Ala. 604; 1 Ala. 622; 6 How. 284; 1 How. 56; 12 Ala. 667; 32 Ala. 288; 62 Ala. 421; 33 Ala. 65; Galloway v. Finley, 12 Peters; Copp’s Land Owner, June 1882, 60; 5 Neb. 265.

1Opinion of the CourtSomebyille, J.

The bill is one for the enforcement of a vendor’s lien on land, the title of a part of which was shown never to have been in the vendor. The defendant, by cross-bill, seeks on account of this failure of title to abate the amount of the .purchase-money, which was originally six hundred dollars, but had been reduced before suit to about four hundred by part payment, The point of contention *288between tlie parties relates only to the amount of property allowable for such abatement.

It appears that the testator of the complainants, one Hollingsworth, was in possession of all this land, claiming it as…

2Cases cited5 opinions

  1. Jones' Executors v. LightfootSupreme Court of Alabama · 1846
  2. Clark v. ZeiglerSupreme Court of Alabama · 1885
  3. Cothran v. McCoy's HeirsSupreme Court of Alabama · 1858
  4. Gallagher v. WitheringtonSupreme Court of Alabama · 1856
  5. Hudson v. MilnerSupreme Court of Alabama · 1847

3Cited by3 opinions

  1. Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1922
  2. Chambers v. PollakSupreme Court of Alabama · 1904
  3. Vice v. LittlejohnSupreme Court of Alabama · 1896

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