Kingsbury v. Milner
Supreme Court of Alabama
Appeal from Butler Chancery Court. Heard before Hon. John A. Foster. The bill in this cause was filed by John Kingsbury against John T. Milner and Henry W. Caldwell, for the purpose stated in the opinion.
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Appeal from Butler Chancery Court. Heard before Hon. John A. Foster. The bill in this cause was filed by John Kingsbury against John T. Milner and Henry W. Caldwell, for the purpose stated in the opinion. It appears from the averments of the bill, that in 1866, the appellant, by two separate, contracts, sold to the appellees two tí’acts of land in Butler county, one containing 640 acres, and the other, 240 acres, both of which were mainly valuable for the pine timber thereon; that the tract containing 640 acres was sold for $3200, of which $2200 was paid in cash and the balance was payable on…
1Opinion of the CourtSomeryille, J.
This is a bill filed by the appellant to enforce a vendor’s lien on certain lands sold by him to the appellees. It seeks also, incidentally, to enjoin the suits at law instituted by appellees for alleged breaches of warranty of the title of the same lands, and to recover damages for the cutting by defendants of a large quantity of timber removed from the land in controversy. There are two separate tracts of this land, one containing two hundred and forty acres, and the other six hundred and forty acres.
So far, in the* first place, as concerns the 240 acre tract, which was sold in April, 1866,…
2Cases cited6 opinions
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Little v. SnedecorSupreme Court of Alabama · 1875
- Brock v. South & North. Ala. R. R.Supreme Court of Alabama · 1880
- Bishop v. WoodSupreme Court of Alabama · 1877
- Fuller v. HollisSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- Goodlett v. KellySupreme Court of Alabama · 1883
- Clark v. ZeiglerSupreme Court of Alabama · 1885
- Snodgrass v. ReynoldsSupreme Court of Alabama · 1885
10 more not listed; retrieve them via the Exa API.