Perrine Sawmill Co. v. Powell
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by J. B. Powell and another against the Perrine Sawmill Company and others, to declare and enforce a lien under a contract for the sale of certain property. From a decree overruling demurrers to the bill, and granting the relief prayed, respondents appeal. The bill should have been dismissed for want of equity.
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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Bill by J. B. Powell and another against the Perrine Sawmill Company and others, to declare and enforce a lien under a contract for the sale of certain property. From a decree overruling demurrers to the bill, and granting the relief prayed, respondents appeal. The bill should have been dismissed for want of equity. The court was in error in its decree against either of these appellants, and was in error in decreeing the complainants to have a lien upon or a beneficial interest in the property in question. 54 Ala. 486; 68…
1Opinion of the CourtMiller, J.
This hill of complaint was filed by T. B. Powell and J. W. Earrior against the Ensign Yellow Pine Company, a corporation, E. G. Ensign, as trustee for it, the Perrine Sawmill Company, a corporation, and others, to have the court declare that certain property therein described is held in trust by the Perrine Sawmill Company as security for compensation agreed to be paid compl a inants, and that they have a lien on the property for their compensation according to their contract. Powell and Earrior had a verbal contract with the Ensign Yellow Pine Company and Ensign, as trustee, to aid them in…
2Cases cited12 opinions
- Sanger v. UptonSupreme Court of the United States · 1875
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
- Spear v. GrantMassachusetts Supreme Judicial Court · 1819
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McWilliams v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1924
- Jackson v. Ariton Banking Co.Supreme Court of Alabama · 1926
- Ark-Ala Lumber Co. v. PowellSupreme Court of Alabama · 1925
- Carns v. FillerSupreme Court of Alabama · 1928
- Perrine Sawmill Co. v. PowellSupreme Court of Alabama · 1924
2 more not listed; retrieve them via the Exa API.