Hastings v. Alabama State Land Co.
Supreme Court of Alabama
Appeal from Bibb Chancery Court. Heard before Hon. W. 1Í. Tatloe. Bill in equity by tiie Alabama State Land Company against J. M. Hastings and another to enforce vendor’s lien on land sold by the complainant to the defendants. Decree was rendered for-the complainant, but the chancellor in calculating the interest on the purchase money committed an error, which was corrected at the next term of the court.
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Appeal from Bibb Chancery Court. Heard before Hon. W. 1Í. Tatloe. Bill in equity by tiie Alabama State Land Company against J. M. Hastings and another to enforce vendor’s lien on land sold by the complainant to the defendants. Decree was rendered for-the complainant, but the chancellor in calculating the interest on the purchase money committed an error, which was corrected at the next term of the court. The only questions considered were whether or not this correction could be made, and whether or not a personal decree could be rendered against the defendants for balance due after exhausting…
1Opinion of the CourtTyson, J.
— By the terms of the written contract,of purchase the respondents were to pay interest at the rate of eight per centum per annum upon the deferred payments from date of sale. In ascertaining the amount due by them upon these deferred payments, the chancellor in making the calculation of interest, calculated the interest from the date of .maturity of these deferred payments, instead of from date of sale. The contract evidencing the amounts due and owing to the complainant was in writing and made an exhibit to the deposition of witness Anderson. There was and could not have been any…
2Cases cited6 opinions
- Nabers' Adm'r v. MeredithSupreme Court of Alabama · 1880
- Ford v. Tinchant & BrotherSupreme Court of Alabama · 1873
- Presley v. McLeanSupreme Court of Alabama · 1885
- Philipe v. HarberleeSupreme Court of Alabama · 1871
- Smith v. KennedySupreme Court of Alabama · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Tombrello Coal Co. v. FortenberrySupreme Court of Alabama · 1947
- Rhodes v. SchofieldSupreme Court of Alabama · 1955
- Wilder v. BushSupreme Court of Alabama · 1917
- Edge v. BiceSupreme Court of Alabama · 1955
6 more not listed; retrieve them via the Exa API.