Agnew v. McGill
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wk. H. Tayloe. Mrs. McGill admits in her answer that she did not pay the purchase money.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Wk. H. Tayloe. Mrs. McGill admits in her answer that she did not pay the purchase money. The assertion in her answer that her husband, Daniel McGill, paid for the land, is not responsive to any allegation or question contained in the bill, and is matter in avoidance of her admission, which she must support by proof. — McGhee v, Lehman, 65 Ala, 316: Donovan v. Haynie, 67 Ala. 51; Moses v. Johnson, 88 Ala. 517; Craft v. Bussell, 67 Ala. 9; Barton v. Barton, 15 Ala. 400; Clements v. Nicholson, 6 Wal. 299; 3. Brick. Dig. p. 404. And…
1Opinion of the CourtWalked, J.
The bill in this case' was filed by the appellant, George W. Agnew, to enforce his alleged lien as vendor for the purchase price of land which had been conveyed by him to the appellee, Mrs. Mary J. McGill, and by the latter subsequently conveyed to the other appellee, Dickens. The complainant’s deed itself, which is made an exhibit to his bill, recites the payment of the purchase-money by the grantee and its receipt by the grantor. But the bill as last amended alleges “that the said Mary Josephine McGill, the grantee in said deed, never, before or after such lands were sold and conveyed to…
2Cases cited12 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Carver v. EadsSupreme Court of Alabama · 1880
- Savage v. BenhamSupreme Court of Alabama · 1849
- Grady v. RobinsonSupreme Court of Alabama · 1856
- Brunson v. BrooksSupreme Court of Alabama · 1880
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3Cited by5 opinions
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