Meeks v. Garner
Supreme Court of Alabama
Bill in Equity to enforce Vendor’s Lien on Land; Gross-Bill for Rescission of Contract.- Appeal from the Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The original bill in this case was filed on the 26 th March, 1888, by Joseph Garner and W. J. Hertzberg, against W. M. Meeks and others; and sought to enforce a vendor’s lien on a tract of land, which Garner had sold to,said Meeks, acting as trustee for himself and his co-respondents.
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Bill in Equity to enforce Vendor’s Lien on Land; Gross-Bill for Rescission of Contract.- Appeal from the Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The original bill in this case was filed on the 26 th March, 1888, by Joseph Garner and W. J. Hertzberg, against W. M. Meeks and others; and sought to enforce a vendor’s lien on a tract of land, which Garner had sold to,said Meeks, acting as trustee for himself and his co-respondents. The contract of sale was made on the 9th March, 1887, and was consummated by a conveyance executed by Garner to Meeks as trustee. The…
1Opinion of the CourtColeman, J.
— The bill was filed by appellees to enforce a vendor’s lien. The respondents answered,- and by way of cross-bill prayed for a rescission of the sale, upon the grounds that complainants’ title was defective at the time of the sale, and for fraudulent representations as to the title. The fraudulent representations relied upon are, “ that his title to said property was perfect and good; that he, the said Garner, owned the property in fee simple; that he had a good right to sell the same, and could convey a good title to respondents; that he had always owned the land; that he had a patent from,…
2Cases cited13 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Tabor v. PetersSupreme Court of Alabama · 1883
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Sledge v. ScottSupreme Court of Alabama · 1876
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- First Alabama Bank Of Montgomery, N.A. v. First State Insurance CompanyCourt of Appeals for the First Circuit · 1990
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Old Southern Life Insurance Co. v. McConnellCourt of Civil Appeals of Alabama · 1974
- Shahan v. BrownSupreme Court of Alabama · 1910
- Smith v. SmithSupreme Court of Alabama · 1957
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