Howle v. North Birmingham Land Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 27th March, 1890, by the North Birmingham Land Company, a private corporation, against W. P. Howie ; and sought to enforce a vendor’s lien for unpaid purchase-money, on two lots which the complainant had sold to the defendant.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 27th March, 1890, by the North Birmingham Land Company, a private corporation, against W. P. Howie ; and sought to enforce a vendor’s lien for unpaid purchase-money, on two lots which the complainant had sold to the defendant. The defendant, by answer and cross-bill, asked a rescission of the contract, on account of alleged fraudulent representations made by the complainant’s agent who negotiated the sale, and which were alleged to be a material inducement to the…
1Opinion of the CourtWalker, J.
On the 14th day of January, 1887, the appellant contracted for the purchase of the lots upon which *390the vendor’s lien is claimed, paid one fourth of the purchase-money in cash, for the balance thereof executed his three notes, each for one fourth of the purchase-price, and payable respectively one, two and three years after date, and received from the appellee its bond for title. The note for the first deferred installment of the purchase-money was paid at its maturity. No payment having been made on the other two notes, the original bill in this case was filed in March, 1890, for the…
2Cases cited5 opinions
- Sheffield Land, Iron & Coal Co. v. NeillSupreme Court of Alabama · 1888
- Lockwood v. FittsSupreme Court of Alabama · 1890
- Bailey v. LittenSupreme Court of Alabama · 1875
- Garrett v. LynchSupreme Court of Alabama · 1871
- Orendorff v. TallmanSupreme Court of Alabama · 1890
3Cited by12 opinions
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Barley v. WrightSupreme Court of Alabama · 1936
- Woods v. WrightSupreme Court of Alabama · 1931
- Allgood v. Bank of PiedmontSupreme Court of Alabama · 1896
- Johnson v. RogersSupreme Court of Alabama · 1896
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