Kelly v. Karsner
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. MoSpadden. This was a bill by the appellee, Eliza J. Karsner, against the appellants, Joseph B. Kelly and Fleming J. Kelly, to enforce a vendor’s lien for purchase-money on 109 acres of land. The complainant and defendants were the children of Russell Kelly.
Read the full summary
Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. MoSpadden. This was a bill by the appellee, Eliza J. Karsner, against the appellants, Joseph B. Kelly and Fleming J. Kelly, to enforce a vendor’s lien for purchase-money on 109 acres of land. The complainant and defendants were the children of Russell Kelly. In 1874, Russell Kelly and his wife, Keziah W. Kelly, agreed to separate, upon the terms that he was to relinquish all his rights in her lands in Tennessee, and she was to convey to him a tract of land embracing the said 109 acres involved in this suit. At the instance…
1Opinion of the CourtClopton, J.
— The bill, which is filed by appellee, seeks to enforce a vendor’s lien on one hundred and nine acres of land, conveyed by her to appellants, December 14, 1874, which constituted a part of about 1Í00 acres conveyed in October, 1874, by Keziah Kelly to complainant. The decree rendered in the former suit between these parties, on final hearing on pleadings and proof, dismissing the bill, which was affirmed by this court on appeal, is res adjudicata as to all the issues decided or necessarily involved in that suit, except as to the matters put in issue by the cross bill of complainant, which…
2Cases cited3 opinions
- Pique, Manier & Hall v. ArendaleSupreme Court of Alabama · 1881
- Thomason v. CooperSupreme Court of Alabama · 1877
- Pettus v. RobertsSupreme Court of Alabama · 1844
3Cited by4 opinions
- Scheerer v. AgeeSupreme Court of Alabama · 1894
- Hubbard v. BuckSupreme Court of Alabama · 1893
- Daniel v. DanielSupreme Court of Alabama · 1926
- Chastain v. HamesSupreme Court of Alabama · 1899