Reports of Cases Argued And Determined in the Supreme Court of ..., volume 147

Cover Reports of Cases Argued And Determined in the Supreme Court of ..., volume 147
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 147
Alabama Supreme Court
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K., desiring to build, filed a bill stating that H. (the original builder) and G. (his successor) each claimed the money, and praying that they be required to interplead. The court held that, while the obligation to pay passed to the successive own- ers as appurtenant to the land, yet that as to the party who originally built the wall it became a debt due him, and did not pass, but remained a debt due to him, and gave the singular reason that otherwise each successive owner would be entitled to... demand payment for half of the wall, although it had been previously paid to his predecessor.— Page 208, 115 111., page 285, 3 N. E.
(56 Am. Rep. 146) . It is clear that no such result would follow. In referring to the case of Roche v. Jjllman, m- pra, the court recognizes the correctness of that decision to the effect that the last successive owner was liable to pay for one-half of the wall when the time for payment according to the agreement arrived. — Page 211, 115 111., page 287, 3 N. E.


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