Scheerer v. Agee
Supreme Court of Alabama
Bill in Equity to Enforce a Vendor’s Lien. Appeal from the City Court of Montgomery, in Equity. The bill in this case was filed by the appellee against the appellants. The averments of the bill, as originally filed, and amended, and the purposes thereof are set forth at length in the report of the case as found in 106 Ala. 139; and it is, therefore, unnecessary to set them out at length on this appeal.
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Bill in Equity to Enforce a Vendor’s Lien. Appeal from the City Court of Montgomery, in Equity. The bill in this case was filed by the appellee against the appellants. The averments of the bill, as originally filed, and amended, and the purposes thereof are set forth at length in the report of the case as found in 106 Ala. 139; and it is, therefore, unnecessary to set them out at length on this appeal. After the remandment of the cause, on the foi’mer appeal, the bill of complaint was amended, and also the prayer for relief. The facts averred, as finally amended, and the prayer for relief are…
1Opinion of the CourtMoCLELLAN, J.
The rights of complainant, Agee, were held on the former appeal in this cause to be those of an equitable owner pro tanto of the bonds held by Scheerer secured by a mortgage on the property of the Cloverdale Land & Development Company; and his bill was then adjudged to be without equity for that it did not appear therefrom that the law day of said mortgage had passed when this suit for foreclosure thereof was commenced. The decree then presented for review was reversed, and complainant was given time within which to amend his bill in the particular referred to, if the facts admitted of such…
2Cases cited4 opinions
- Planters' & Merchants' Mutual Insurance v. Selma Savings BankSupreme Court of Alabama · 1879
- Park v. LideSupreme Court of Alabama · 1890
- Freider v. Lienkauff & StraussSupreme Court of Alabama · 1890
- Scheerer v. AgeeSupreme Court of Alabama · 1894
3Cited by9 opinions
- Savage v. SavageSupreme Court of Alabama · 1945
- Altman v. BarrettSupreme Court of Alabama · 1937
- Horst v. BarretSupreme Court of Alabama · 1925
- International Paper Co. v. Bellows Falls Canal Co.Supreme Court of Vermont · 1914
- Mathison v. MathisonSupreme Court of Alabama · 1958
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