Baker v. Young
Supreme Court of Alabama
Appeal from the Oily Court of Decatur, in equity. Heard before the Hon. War. H. Simpson. The bill in this - case was filed -on the 29th May, 1889, by "William Young, against Robert P. Baker and his wife, and Mrs. Mary E. Ludwig; and sought to enforce a vendor’s lien on. a tract of land, which Mrs. Ludwig had sold and conveyed to said Baker.
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Appeal from the Oily Court of Decatur, in equity. Heard before the Hon. War. H. Simpson. The bill in this - case was filed -on the 29th May, 1889, by "William Young, against Robert P. Baker and his wife, and Mrs. Mary E. Ludwig; and sought to enforce a vendor’s lien on. a tract of land, which Mrs. Ludwig had sold and conveyed to said Baker. The complainant claimed to be the owner of two of the notes given for the purchase-money, by assignment for valuable consideration; and he annexed them as exhibits to the bill. The original transcript did not show that there was any foot-note to the bill,…
1Opinion of the CourtSomeryille, J.
If there is anything in the first assignment of error, the objection raised by it is obviated by the return to the certiorari, the corrected record showing this assignment to be entirely groundless.
1. The suffering of a decree pro confesso, after the proper personal service, was an admission by the defendants of the allegations of the bill. — Code, 1886, § 3483. This admission embraced the correctness of the exhibits attached to the bill, and dispensed with the necessity of making any formal proof of them.—Carradine v. O'Connor, 21 Ala. 573. It is too plain for argument, that the case made by…
2Cases cited2 opinions
- Winston v. BrowningSupreme Court of Alabama · 1878
- Carradine v. O'ConnorSupreme Court of Alabama · 1852
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