Wilkinson v. Searcy
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. Jno. A. Foster. The original bill in this case was filed on the 12th December, 1881, by Francis M. Searcy, against W. W. Wilkinson, Jacob L. Schley,and .others; and sought, principally, a decree ascertaining how much the complainant should be compelled to pay, and to whom, on a note which he had given for a part of the purchase-money for a tract of land sold and conveyed to him by said Schley, and to enjoin the…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. Jno. A. Foster. The original bill in this case was filed on the 12th December, 1881, by Francis M. Searcy, against W. W. Wilkinson, Jacob L. Schley,and .others; and sought, principally, a decree ascertaining how much the complainant should be compelled to pay, and to whom, on a note which he had given for a part of the purchase-money for a tract of land sold and conveyed to him by said Schley, and to enjoin the several defendants from asserting any ciaim or title to the land. The tract of land contained 150 acres, and was sold…
1Opinion of the CourtStone, J.
— The present bill appears to have been drawn with the intention of making it a bill of interpleader, and counsel seem to regard it as falling within that class. So treating it, it is contended for appellant, that his testimony shows a right in him to recover of Searcy, independently of any liability the lands purchased by the latter may rest under, by reason of the Hamilton note and mortgage, now held and claimed by the Witherspoons. Wilkinson’s interest, and only interest in this controversy, would seem to be, first, to show that SearCy had estopped himself from setting up the incumbrance…
2Cases cited4 opinions
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- McLemore v. MabsonSupreme Court of Alabama · 1852
- Walton v. BonhamSupreme Court of Alabama · 1854
3Cited by11 opinions
- Fuller v. FullerSupreme Court of Florida · 1887
- Taylor v. CrookSupreme Court of Alabama · 1902
- Lewter v. PriceSupreme Court of Florida · 1889
- Jackson v. ElliottSupreme Court of Alabama · 1892
- Burch v. DriverSupreme Court of Alabama · 1921
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