Legal Opinion

Bozeman v. Ivey

Supreme Court of Alabama

Decided January 15, 1873Published

Appeal from the Chancery Court of Elmore. Heard before tbe Hon. Charles Turner. The original bill in this case was filed on the 22d December, 1868, by J. J. Ivey and ‘others, against Nathan Bozeman, D. W. Bozeman, and Frank Mann ; and sought to enforce a vendor’s lien on certain lands, which were therein described as “ all of section thirty-six ( except the east half of the southeast quarter), township eighteen, range eighteen, containing • about five hundred and eighty-two…

Read the full summary

Appeal from the Chancery Court of Elmore. Heard before tbe Hon. Charles Turner. The original bill in this case was filed on the 22d December, 1868, by J. J. Ivey and ‘others, against Nathan Bozeman, D. W. Bozeman, and Frank Mann ; and sought to enforce a vendor’s lien on certain lands, which were therein described as “ all of section thirty-six ( except the east half of the southeast quarter), township eighteen, range eighteen, containing • about five hundred and eighty-two acres.” The bill alleged that these lands were sold by John N. Norris, in September, 1860, to Benjamin Trimble, for…

1Opinion of the CourtB. F. Saffold, J.

— The appellees, as indorsers of a promissory note made by D. W. Bozeman, in favor of J. N. Norris, filed the bill to enforce its payment against certain lands, which had passed by successive sales from Norris, through Trimble and Thornton, to Nathan Bozeman. N. •Bozeman paid his vendors, Thornton & Trimble, with the knowledge that Trimble yet owed Norris, and had received only a bond for titles. Trimble sold other lands to D. W. Bozeman, and they with Norris agreed between themselves that D. W. Bozeman should give his note to Norris for the amount due to him from Trimble, who was to be…

2Cases cited5 opinions

  1. Batre v. Auze's heirsSupreme Court of Alabama · 1843
  2. Conner v. BanksSupreme Court of Alabama · 1850
  3. Bradford v. HarperSupreme Court of Alabama · 1854
  4. Kean v. DufresneSupreme Court of Pennsylvania · 1817
  5. Foreman v. HardwickSupreme Court of Alabama · 1846

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API