Costephens v. Dean
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Heard before Hon. H. O. Speaks. Tbe bill in this cause was filed on 8th March, 1879, by the appellants, as tbe only heirs at law of "William C. Costephens, deceased, againt the appellees, to enforce a vendor’s lien for an unpaid balance of tbe purchase-money for certain lands, which William C. Costephens sold and conveyed in his lifetime. ‘ The complainants aver in their bill that “ their father, William C. Costephens, departed tliis life…
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Appeal from Etowah Chancery Court. Heard before Hon. H. O. Speaks. Tbe bill in this cause was filed on 8th March, 1879, by the appellants, as tbe only heirs at law of "William C. Costephens, deceased, againt the appellees, to enforce a vendor’s lien for an unpaid balance of tbe purchase-money for certain lands, which William C. Costephens sold and conveyed in his lifetime. ‘ The complainants aver in their bill that “ their father, William C. Costephens, departed tliis life in Alabama some time during tbe year 1866 or 1867, and left surviving him, as liis beirs at law and all his beirs at law,…
1Opinion of the Court
BRICKELL, C.’J.
The bill is filed by the appellants, as 'the next of kin of ’William C. Costepliens, deceased, entitled to distribution of his estate, to enforce a lien on certain lands for the payment of promissory notes given for the purchase-money thereof by one Green, payable to said William C., who in his life bargained, sold and conveyed the lands to said Green. The primary question is, whether the appellants are entitled to maintain the suit, or whether it should have been instituted by an administrator of said William O. who is averred to have died ■about thirteen years before the…
2Cases cited5 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Dugger v. TayloeSupreme Court of Alabama · 1877
- Gardner v. GanttSupreme Court of Alabama · 1851
- Marshall v. GayleSupreme Court of Alabama · 1877
- Hanrick v. WalkerSupreme Court of Alabama · 1873
3Cited by8 opinions
- Young v. PowellCourt of Appeals for the Fifth Circuit · 1950
- Pruett v. First Nat. Bank of AnnistonSupreme Court of Alabama · 1934
- Sovereign Camp, W. O. W. v. SninderSupreme Court of Alabama · 1933
- Brown v. CopelandSupreme Court of Alabama · 1921
- Guttery v. KilgoreSupreme Court of Alabama · 1937
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