Dykes v. Bottoms
Supreme Court of Alabama
Appeal from the Chancery Court of Dale. Heard before the Hon. John A. Foster. The bill in this case was filed by James Bottoms against James E. Dykes ; and sought to enforce a vendor's lien.
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Appeal from the Chancery Court of Dale. Heard before the Hon. John A. Foster. The bill in this case was filed by James Bottoms against James E. Dykes ; and sought to enforce a vendor's lien. Ou the submission of the cause for decree, on pleadings and proof, and upon the report of the register, the chancellor granted the relief prayed for, and decreed that the complainant should have a vendor's lien, but refused to allow the defendant an abatement for the five acres of land which was shown by the report of the register to have been owned and occupied by some one else at the time of the…
1Opinion of the CourtColeman, J.
James Bottom, appellee, filed the present bill to enforce a vendor's lien for unpaid purchase money due for land sold to respondent. The bill describes the land sold as being the “S. W. i of N. E. |-and N. W. i of the S. E.‘i and the S. i of the N. E. i of section 29, township 7 range 25, containing one hundred and sixty acres, more or less, situated in the county of Dale,” &c. This description shows a sale of only one hundred acres. Three portions are mentioned, but the last forty acres, to-wit, the 8. £ of N. E. i, includes twenty acres described in the first forty, to-wit, the S. W. i of…
2Cases cited3 opinions
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Black v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. BoykinSupreme Court of Alabama · 1884
3Cited by10 opinions
- Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
- Homan v. StewartSupreme Court of Alabama · 1893
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Manning v. CarterSupreme Court of Alabama · 1915
- The First National Bank of Birmingham v. W. E. DanielCourt of Appeals for the First Circuit · 1956
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