Taunton & Brooks v. McInnish
Supreme Court of Alabama
Aureal from Chancery Court of Elmore, Tried before Hon. W. B. Woods. The facts in this case are fully set out in the opinion of the court, — 1. The answer being on oath must prevail, where it denies the allegations of the bill. The agreement to pay the note in Confederate money is responsive to the bill, and it is a denial of the liability to pay in legal tender money. — Story Eq. PL § 849a; Dan. Ch. Pr.
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Aureal from Chancery Court of Elmore, Tried before Hon. W. B. Woods. The facts in this case are fully set out in the opinion of the court, — 1. The answer being on oath must prevail, where it denies the allegations of the bill. The agreement to pay the note in Confederate money is responsive to the bill, and it is a denial of the liability to pay in legal tender money. — Story Eq. PL § 849a; Dan. Ch. Pr. (edition 1865,) p. 840 and notes; Camp v. Simon, 34 Ala. 126; Buford v. Tucker, January term, 1870. 2. The record shows that there was no order of reference, yet the decree is based on the…
1Opinion of the CourtPeters, J.
This is a bill in equity to enforce the vendor’s lien for the purchase-money for a tract of land. It was filed in the first instance by Nevin Melnnish and Duncan H. Melnnish as complainants, against the appellants, Taunton & Brooks, as defendants. The original bill required the answer of the defendants without oath. The defendants did not answer, but demurred for a misjoinder of complainants. The demurrer was sustained, and the bill was amended by striking out the name of Nevin Melnnish and accommodating the phraseology of the allegations to a sole complainant, said Duncan H. Mein*621nish. The…
2Cases cited4 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Alston v. AlstonSupreme Court of Alabama · 1859
- Winter v. Quarles' Adm'rsSupreme Court of Alabama · 1869
- Huber v. ZimmermanSupreme Court of Alabama · 1852
3Cited by8 opinions
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Howard v. RidgewaySupreme Court of Alabama · 1932
- Brackin v. NewmanSupreme Court of Alabama · 1898
- Hamilton v. Terry Furniture & Loan Co.Supreme Court of Alabama · 1921
- McMinn v. KarterSupreme Court of Alabama · 1898
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