Kyle v. Bellenger
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 11th March, 1885, by B. B. Kyle, against W. C. Bellenger and his wife; and sought to enforce an alleged vendor’s lien on a tract of land, for a balance of purchase-money remaining unpaid.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 11th March, 1885, by B. B. Kyle, against W. C. Bellenger and his wife; and sought to enforce an alleged vendor’s lien on a tract of land, for a balance of purchase-money remaining unpaid. The contract of sale was made in December, 1882, the agreed price being $850 ; of which amount $200 was paid in cash, Bellenger gave his due-bill for $48.59, and complainant accepted the note of B. McClendon for $300, indorsed by said Bellenger, for the balance. The note of McClendon was…
1Opinion of the CourtClopton, J.
In December, 1882, the appellant, Kyle, sold to Bellenger the lot of land in the pleadings described, and, with his wife, executed a conveyance to the wife of Bellenger. The deed recites, “that the said Kyles have this day, for and in consideration of eight hundred and fifty dollars to them paid by said Bellenger — two hundred dollars in cash, and six hundred and fifty dollars in following described notes, indorsed by said Bellenger, and collection thereof guaranteed free of expense to said Kyle, to-wit,” &c. Here follow's a specific description by dates, amounts, and times of maturity of…
2Cases cited6 opinions
- Ober v. GallagherSupreme Court of the United States · 1876
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Hall v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1877
- Moore v. LackeyMississippi Supreme Court · 1876
- Thomason v. CooperSupreme Court of Alabama · 1877
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3Cited by16 opinions
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Sims v. MooreSupreme Court of Alabama · 1972
- Silvey & Co. v. CookSupreme Court of Alabama · 1914
- Assignment of Snyder v. CarpenterSupreme Court of Iowa · 1908
- City of Eufaula v. Alabama Power Co.Supreme Court of Alabama · 1936
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