Reader v. Helms
Supreme Court of Alabama
Appeal from Chancery Court of Barbo.ur. Heard before the Hon. B. B. McCraw. In this cause the complainant (Leader) claims a vendor’s ■lien upon four hundred acres of land in the possession of 'Hilliard Helms, defendant. Helms purchased the land in ■controversy from one Thomas Shepherd, or rather executed :.and delivered his promissory notes for said land, payable to . said Shepherd.
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Appeal from Chancery Court of Barbo.ur. Heard before the Hon. B. B. McCraw. In this cause the complainant (Leader) claims a vendor’s ■lien upon four hundred acres of land in the possession of 'Hilliard Helms, defendant. Helms purchased the land in ■controversy from one Thomas Shepherd, or rather executed :.and delivered his promissory notes for said land, payable to . said Shepherd. Before the 17th of January, 1870, Helms ■ paid up all the purchase-money notes on said land, excepting one note for one thousand one hundred and twenty > dollars, which note complainant alleges Helms executed and…
1Opinion of the CourtStone, J.
We think the testimony in this cause, if we are permitted to consider it, fully proves that the sale of lands by Shepherd to Helms was one entire contract of sale of the four hundred acres for the aggregate sum of $2,800, and not two separate sales or contracts. And if we are correct in this, then it will follow that the note in suit is part purchase price of the entire tract, and not the entire purchase-money of the 160 acres. We deem it unnecessary to collate ■ or consider the testimony in detail. We think it leaves no reasonable ground to doubt the individuality of the contract, .so far as…
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