Kyle v. McKenzie
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. Wm. H. Tayloe. Bill filed January 18th, 1890, by F. E. McKenzie against 17. B. Kyle and B. N. Wood, to enforce a vendor’s lien on land for unpaid purchase-money. Cross-bill by Kyle, claiming an abatement of the purchase-money on account of a deficiency in the quantity of land conveyed. Demurrer to each bill, and motion to dismiss for want of equity.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. Wm. H. Tayloe. Bill filed January 18th, 1890, by F. E. McKenzie against 17. B. Kyle and B. N. Wood, to enforce a vendor’s lien on land for unpaid purchase-money. Cross-bill by Kyle, claiming an abatement of the purchase-money on account of a deficiency in the quantity of land conveyed. Demurrer to each bill, and motion to dismiss for want of equity. Decree overruling demurrer and motion as to original bill, and dismissing cross-bill. Appeal by defendant, assigning each part of decree as error.
1Opinion of the CourtWalkeb, J.
— The original bill was filed for the enforcement of a vendor’s lien, for an unpaid balance of purchase-money on a sale of land by the complainant to the defendant. The defendant made his answer also a cross-bill, and charged therein that the vendor had no title to a considerable part of the land described in his deed, and that in consequence of this the defendant acquired by the conveyance less land by several hundred acres than he supposed he was getting by the purchase; and he claimed that he was entitled to an abatement of the purchase-money because of the alleged deficiency in the…
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