Lewis v. Teal
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. Heard before the Hon. John A. Foster. The original bill in this cause was filed on the 16th March, 1877, by James Teal, as the administrator of the estate of B. B. Bass, deceased, against Alfred Holley and John Ramer ; and sought to enforce an. alleged vendor’s lien on a tract of land.
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Appeal from the Chancery Court of Crenshaw. Heard before the Hon. John A. Foster. The original bill in this cause was filed on the 16th March, 1877, by James Teal, as the administrator of the estate of B. B. Bass, deceased, against Alfred Holley and John Ramer ; and sought to enforce an. alleged vendor’s lien on a tract of land. According to the allegations of the bill, Bass sold and conveyed the land to Ramer, in January, 1860, and placed him in possession, but received no part of the agreed price ($900), and took no notes for the purchase-money ; and in September afterwards, the…
1Opinion of the CourtStone, C. J.
— Possibly, if the testimony found in this record was before us as a court of original jurisdiction, we might hesitate before finding there was a contract of sale between Bass and Holley. The chancellor found there was, and we are not clearly convinced he erred in so finding. Nooe v. Garner, 70 Ala. 443. Nor is it manifest that he *291erred in failing to find anything due to Holléy, on the judgment he claims to have purchased from McDuffie.
One of the arguments for reversal invokes tbe application of the principles of the statute of frauds. Is it raised ? The bill avers that Holley’s promise to…
2Cases cited8 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Joseph v. RandolphSupreme Court of Alabama · 1882
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3Cited by3 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Prowell v. WilsonSupreme Court of Alabama · 1929
- Espalla & Haynie v. Wilson, Sage & Co.Supreme Court of Alabama · 1888