Putnam v. Summerlin
Supreme Court of Alabama
Appeal from Butler Oban eery Court. Heard before Hou. L. D. Gardner. Bill by W. W. Summerlin against H. A. Plitnam and others. From a decree for plaintiff, defendants appeal.
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Appeal from Butler Oban eery Court. Heard before Hou. L. D. Gardner. Bill by W. W. Summerlin against H. A. Plitnam and others. From a decree for plaintiff, defendants appeal. The case made by the bill is: That in 1907 the Fowler Lumber Company was the owner and in possession of the following described timber: (Here follows a description of the timber rights.) That on said date, to wit, June 24, 1907, the Fowler lumber Company sold all the above-described timber to Putnam; part of the purchase price being in cash, and part being secured by notes of the said Putnam. It is then averred that the…
1Opinion of the CourtSimpson, J.
The original bill in this case was filed by the appellee against the appellants to enforce a vendor’s lien on certain lands. A demurrer was interposed to the hill on the ground that the bill showed, on its face, that the consideration of the notes was both land and personal property, and that no vendor’s lien could he enforced against the land.
Without insisting on a decree on said demurrer, th,e complainant amended the bill, claiming an equitable *394mortgage on all of the property conveyed, both real and personal, based upon the expression in the deed, conveying the property, after describing…
2Cases cited3 opinions
- Hall v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1877
- Kyle v. BellengerSupreme Court of Alabama · 1885
- Williams v. DavisSupreme Court of Alabama · 1908
3Cited by5 opinions
- Interstate L. Co. v. DukeSupreme Court of Alabama · 1913
- Dickey v. VaughnSupreme Court of Alabama · 1916
- W. T. Rawleigh Co. v. TimmermanSupreme Court of Alabama · 1920
- Palmer v. JamesSupreme Court of Alabama · 1924
- Palmer v. JamesSupreme Court of Alabama · 1924