Guice v. Parker
Supreme Court of Alabama
• Appeal from Chancery Court of Barbour. Heard before Hon.- B. B. McCraw. ' This was a bill exhibited by the appellee against the-appellant, and sought to subject to the vender’s lien certain lands described in the bill for the unpaid purchase-money due thereon, which was evidenced by a promissory note, executed by defendant.
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• Appeal from Chancery Court of Barbour. Heard before Hon.- B. B. McCraw. ' This was a bill exhibited by the appellee against the-appellant, and sought to subject to the vender’s lien certain lands described in the bill for the unpaid purchase-money due thereon, which was evidenced by a promissory note, executed by defendant. The answer substantially admits the allegations upon which the equity of the bill rested, but defendant sought by it, as a cross-bill, to reduce the amount of recovery to a sum Jess than that expressed on the face of the note, alleging, in substance, that at the time the…
1Opinion of the CourtB. F. Saffold, J.
The bill was filed by the appellee to subject land to the payment of the purchase-money» under the vendor’s lien.
The chief error assigned is that .the court refused to strike from the file the complainant’s answer to the defendant’s cross-bill. It appears that as the complainant was a non-resident, the register, under the 31st rule in chancery, issued a commission to take his answer, but not knowing the first name of the commissioner selected, he sent it to him in blank, with direction to insert his name. The commissioner did so, and took the answer, which was forwarded to the register, and…
2Cited by4 opinions
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- McCaw v. BarkerSupreme Court of Alabama · 1896
- Dargin v. HewlittSupreme Court of Alabama · 1896
- Pollak v. H. B. Claflin Co.Supreme Court of Alabama · 1903