Rosette v. Wynn
Supreme Court of Alabama
Appeal from Russell Chancery Court. Heard before Hon John A. Foster. This was a bill in equity by Johu J. Wynn against George W. Rosette and Charles B. Taliaferro, to enforce a vendor’s lien on land for unpaid purchase-money; the said Taliaferro having been made a party as a subsequent purchaser of the land, charged with notice of complainant’s lien. This cause was before this court at a former term, and is reported.
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Appeal from Russell Chancery Court. Heard before Hon John A. Foster. This was a bill in equity by Johu J. Wynn against George W. Rosette and Charles B. Taliaferro, to enforce a vendor’s lien on land for unpaid purchase-money; the said Taliaferro having been made a party as a subsequent purchaser of the land, charged with notice of complainant’s lien. This cause was before this court at a former term, and is reported. See Wynn v. Rosette, 66 Ala. 517, where the averments of the bill and the nature of complainant’s claim are stated at length. As the questions decided on this, appeal are merely…
1Opinion of the CourtStone, J.
— Only questions of fact are presented by this record. The testimony is neither as full, nor as clear as, it would seem, it might have been made. Rosette and Taliaferro are each brief in'their statements, and furnish few details. It is left somewhat in doubt whether Wynn or Ware was Rosette’s vendor. We incline to the belief the transaction was tripartite, and that by agreement, in which the three concurred, Rosette was substituted for Ware-as the purchaser. The fact that Rosette’s notes are made payable to Ware, is -not very consistent with the assertion that he, Rosette, first purchased…
2Cases cited6 opinions
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Johnson v. ThweattSupreme Court of Alabama · 1851
- Dudley v. WitterSupreme Court of Alabama · 1871
- Rather v. Young's Adm'rsSupreme Court of Alabama · 1876
- Bryan v. HendrixSupreme Court of Alabama · 1876
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3Cited by2 opinions
- Leslie v. ClickSupreme Court of Alabama · 1930
- Overall v. TaylorSupreme Court of Alabama · 1892