Darden v. Gerson & Winter
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Tiros. M. Arrington. The bill in this case was filed on the 21st March, 1890, by Gerson
1Opinion of the CourtColeman, J.
The bill was filed by appellees to enforce a vendor’s lien. It appears that Darden purchased from J. N. and O. A. Mitchell a piece of land, for which he gave his two promissory notes. Upon one of these notes there was a balance due of about two hundred and seventy-five dollars, and upon the other of one hundred dollars. Darden applied to Gerson & Winter for a loan of two hundred and seventy-five dollars to pay the larger note. Whether the money was loaned directly to Darden, or paid to Mitchell, is immaterial. The money was paid over to Mitchell, and the note upon which there was a balance…
2Cases cited8 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- Levystein v. WhitmanSupreme Court of Alabama · 1877
- Taylor & Co. v. CockrellSupreme Court of Alabama · 1885
- Ernst Bros. v. HollisSupreme Court of Alabama · 1888
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3Cited by3 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Heflin v. HeflinSupreme Court of Alabama · 1931
- Nolen v. FarrowSupreme Court of Alabama · 1907