Merrell v. Witherby
Supreme Court of Alabama
Appeal from the Chancery Court of Shelby. Heard before the Hon. James It. Dowdell. The bill in this case was filed by Walter E. Merrell, as the assignee of a note from Green Merrell, given by W. R. Carter to said Green Merrell, for the price in part of lands described in the bill, alleged to have been sold by Green Merrell to him, to enforce a vendor's lien in favor of the complainant as assignee of said note, against said Carter and the other defendants, Ed.
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Appeal from the Chancery Court of Shelby. Heard before the Hon. James It. Dowdell. The bill in this case was filed by Walter E. Merrell, as the assignee of a note from Green Merrell, given by W. R. Carter to said Green Merrell, for the price in part of lands described in the bill, alleged to have been sold by Green Merrell to him, to enforce a vendor's lien in favor of the complainant as assignee of said note, against said Carter and the other defendants, Ed. T. Witherby, Homer It. Stoughton and James B. Goodwin. Said Green Merrell was madd a party defendant, also, to the bill. The bill…
1Opinion of the CourtHaralson, J.
It is manifest that, admitting ,all that is stated by defendant, J. B. Goodwin, to be true, the averments of the bill as admitted by the other respondents, — Witherby, Stoughton and Garter, in their respective answers, and as shown by them, when examined as witnesses to be substantially true, — may be also true. As corroborative of the truth of the real transaction as it was, and as it was intended to be, Witherby in his deposition proves and attaches several letters written by Goodwin to Stoughton, and to Witherby and Stoughton. In one, dated March 5, 1890 he says : “I note you have closed-…
Also in this document: Per curiam.
2Cases cited13 opinions
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- Tuthill v. . WilsonNew York Court of Appeals · 1882
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Gafford v. StearnsSupreme Court of Alabama · 1874
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