Harper v. Campbell
Supreme Court of Alabama
Appeal from the Chancery Court of Geneva. Heard before the Hon. JohN A. Foster. The bill in this case was 'filed by the appellee, C. B. Campbell, against the appellant, J. B. Harper; and prayed to have enforced a vendor’s lien on certain lands described in the bill of complaint, for the payment of the purchase money thereof.
Read the full summary
Appeal from the Chancery Court of Geneva. Heard before the Hon. JohN A. Foster. The bill in this case was 'filed by the appellee, C. B. Campbell, against the appellant, J. B. Harper; and prayed to have enforced a vendor’s lien on certain lands described in the bill of complaint, for the payment of the purchase money thereof. The bill alleges that on January 4, 1887, the complainant, through his agent, sold to the respondent, J. B. Harper, three lots in the town of Geneva, which are the lots in controversy, for the sum of $650 to be paid for in two months thereafter; that the said Harper was…
1Opinion of the Court
STONE, G. J.
There was a demurrer interposed, assigning among other causes that the contract of purchase of the lands was offensive to the statute of frauds ; but this demurrer does not appear to have been called to the attention of the chancellor. He made no ruling or decision thereon. The presumption on error is that the demurrer was waived. — Corbitt v. Carroll, 50 Ala. 315; Daughdrill v. Helms, 53 Ala. 62. If this presumption was not indulged, the demurrer is bad, obviously. The averment of the contract in the bill is general, not stating whether it was written or verbal. The statute of…
2Cases cited6 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Manning v. PippenSupreme Court of Alabama · 1888
- Central Railroad & Banking Co. v. LampleySupreme Court of Alabama · 1884
- Phillips v. AdamsSupreme Court of Alabama · 1881
- Corbitt v. CarrollSupreme Court of Alabama · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1917
- Heard & Lee v. HeardSupreme Court of Alabama · 1913
- Smart v. KennedySupreme Court of Alabama · 1898
- Nash v. MorrellMichigan Supreme Court · 1912
- Folmar v. CarlisleSupreme Court of Alabama · 1897