Loyd v. Guthrie
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this ease was filed on August 5, 1899, by the appellant, N. B. Loyd, against the appellees, W. P. Guthrie, Edna Turney, Lucille Turney Clay, Maggie Turney Clay, Ella Turney Willis, and Amos Turney and J. Frank Clay, executors of the last will and testament of Daniel Turney.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this ease was filed on August 5, 1899, by the appellant, N. B. Loyd, against the appellees, W. P. Guthrie, Edna Turney, Lucille Turney Clay, Maggie Turney Clay, Ella Turney Willis, and Amos Turney and J. Frank Clay, executors of the last will and testament of Daniel Turney. Edna Turney, Lucille Turney Clay, Maggie Turney Clay and Ella Turney Willis are the only heirs at law of said Daniel Turney. It was averred in the bill that on March 18, 1888, the defendant, W. P. Guthrie, was indebted to the…
1Opinion of the CourtTyson, J.
In Donald v. Hewitt, 33 Ala. 534, the contract provided that “‘Schnetz & Hewitt are to retain a special lien on said boat and engine, until the notes are paid.” It ivas contended that Schnetz & Hewitt had no lien by virtue of the contract. It was insisted in that case, as here, that the parties to the contract in providing that they “are to retain a special lien” contemplated no other than the statutory lien which they had under the statutes of Kentucky. But the court said: “If this be so, the parties have done a vain and useless thing, in bringing the subject of a lien into their contract.…
2Cases cited25 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Chandler v. HannaSupreme Court of Alabama · 1882
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
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3Cited by4 opinions
- Gilbert v. Talladega Hardware Co.Supreme Court of Alabama · 1915
- Bryan College Interurban Ry. Co. v. KroppCourt of Appeals of Texas · 1917
- Harris v. ByrdSupreme Court of Alabama · 1918
- Putnam v. SummerlinSupreme Court of Alabama · 1910