Tedder v. Steele
Supreme Court of Alabama
Appeal from the Chancery Court of Blount. Heard before the Lion. H. C. Spea.ke. The original bill in this case was filed on the 6th March, 1876,, by John L. Steele, against James Tedder and James T. Beatty; and sought to enforce a vendor’s lien on land, for the unpaid purchase-money.
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Appeal from the Chancery Court of Blount. Heard before the Lion. H. C. Spea.ke. The original bill in this case was filed on the 6th March, 1876,, by John L. Steele, against James Tedder and James T. Beatty; and sought to enforce a vendor’s lien on land, for the unpaid purchase-money. The contract of sale was made on the 16th January, 1873, by said John L. Steele, as the-agent and attorney in fact of Benjamin F. Steele, acting under a written power of attorney; and said Benjamin being indebted to said John L., the pnrchase-money of the lands was, by agreement and understanding between them, to…
1Opinion of the CourtSomeryille, J.
This is a bill for the enforcement of a vendor’s lien, filed by the appellee, Steele, against the appellants, Tedder and Beatty, who were defendants in the lower court.
The disclaimer of Tedder, by which he sought to repudiate all interest in the suit, did not entitle him to a discharge. Conceding that he was a mere surety to the note executed by himself and Beatty for the purchase-money of the land, and that he was not interested as a purchaser, he was, nevertheless, a proper, though not a necessary party defendant to the suit. ILe was a joint maker of the note, equally bound with the…
2Cases cited8 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Flinn v. BarberSupreme Court of Alabama · 1879
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- Thweatt v. McLeodSupreme Court of Alabama · 1876
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3Cited by26 opinions
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