Romanoff Mining Co. v. Cameron
Supreme Court of Alabama
Appeal .from the Chancery Court of Tallapoosa. Heard before the'Hon. Richard B. Kelly. The bill in this case was filed by the appellee, H., J. Cameron, against the appellant, the Romanoff ‘Mining Company.
Read the full summary
Appeal .from the Chancery Court of Tallapoosa. Heard before the'Hon. Richard B. Kelly. The bill in this case was filed by the appellee, H., J. Cameron, against the appellant, the Romanoff ‘Mining Company. It was averred in the bill that the complainant sold to the defendant a specifically described tract of land for which the defendant made a. cash payment of a part of the purchase money, and for the balance executed four several notes of $15-,000. each, and to secure the payment of said notes, _ executed a mortgage upon said lands; that the defendant had made default in the payment- of the…
1Opinion of the CourtTyson, J.
It inay be conceded that the mortgage sought to be foreclosed by the. bill was invalid and yet, the decree of the chancellor • declaring a vendor’s lien in favor of the complainant under .the general prayer for relief, upon the facts averred, was .entirely correct, unless the defenses set up in the answer and cross-bill can be held to bar the recovery. — Joseph v. Decatur Land, Imp. & F. Co., 102 Ala. 346. Only one of these defenses is insisted upon here. It is the one predicated upon misrepresentations inducing the respondent to purchase the lands. If it be conceded that this defense is…
2Cases cited2 opinions
- Joseph v. Decatur Land, Improvement & Furnace Co.Supreme Court of Alabama · 1893
- Allgood v. Bank of PiedmontSupreme Court of Alabama · 1896
3Cited by10 opinions
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
- Baldwin v. McDonaldWyoming Supreme Court · 1916
- Brown v. Gordon-Tiger Co.Supreme Court of Colorado · 1908
- Cochran v. CochranSupreme Court of Alabama · 1946
- Dusenberry v. First National Bank of BirminghamSupreme Court of Alabama · 1959
5 more not listed; retrieve them via the Exa API.