Sykes v. Betts
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 5th May, 1886, by Andrew J. Sykes and wife, against Edward O. Betts and wife; and sought to enforce an alleged vendor’s lien on a tract of land, on account of the non-payment of $500, part of the agreed price, under the terms of á written contract between the parties for the division and distribution of the estate of John M. Swoope, deceased, who was the…
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Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 5th May, 1886, by Andrew J. Sykes and wife, against Edward O. Betts and wife; and sought to enforce an alleged vendor’s lien on a tract of land, on account of the non-payment of $500, part of the agreed price, under the terms of á written contract between the parties for the division and distribution of the estate of John M. Swoope, deceased, who was the father of Mrs. Sykes and Mrs. Betts. The agreement, a copy of which was made an exhibit to the bill, was under seal, dated…
1Opinion of the CourtClopton, J.
Wben this case was before tbe court at a former term, on appeal taken from a decree overruling a demurrer to tbe bill, we held tbat its averments were insufficient to bring the claim of complainant within tbe principle, on which rests tbe equitable doctrine of enforcing a vendor’s lien for tbe unpaid purchase-money of land. Tbe agreement between the parties was regarded in form a single contract, intended to make, without resort to administration, a full settlement and distribution of tbe estate of their intestate ancestor. Tbe decision was rested on tbe ground, tbat tbe contract and tbe…
2Cases cited4 opinions
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Kelly v. PayneSupreme Court of Alabama · 1850
- Chapman v. ChunnSupreme Court of Alabama · 1843
- Alexander v. HooksSupreme Court of Alabama · 1887
3Cited by4 opinions
- Qualls v. Union Cent. Life Ins. Co.Supreme Court of Alabama · 1942
- Hester v. HunnicuttSupreme Court of Alabama · 1893
- Gerstell v. ShirkCourt of Appeals for the Seventh Circuit · 1913
- State Ex Rel. Hamilton v. WilliamsSupreme Court of Alabama · 1925