Plateau Community Ass'n v. Green
| Decision Date | 17 December 1942 |
| Docket Number | 1 Div. 176. |
| Parties | PLATEAU COMMUNITY ASS'N et al. v. GREEN et al. |
| Court | Alabama Supreme Court |
D P. Moore, of Mobile, for appellant.
McCorvey McLeod, Turner & Rogers, of Mobile, for appellees.
The suit was a bill in the nature of a bill of review to correct a former decree of the circuit court, sitting in equity cancelling a deed and declaring a trust for the purchase money, and the taxation of the costs.
The instant assignments of error challenge the action of the trial court in rendition of the decree of July 31, 1941, against complainants, in the sum of $460.77; and challenge the action of that court in rendition of the decree of July 3, 1942, in favor of O. L. Green, the respondent (one of the appellees here) for the sum set out in the last named decree, to wit, $300.94 against the instant appellants; and that said Green have a lien on the property described in the bill of complaint to secure the payment of the purchase money indebtedness, and further decreeing that the costs of said court in the last proceeding be "hereby taxed against the complainants", appellants here.
Responding to the assignment of error challenging the action of the trial court as to the first indicated decree, we have examined this record and find there is no sufficient evidence on which we may consider the correctness of the decree of date of July 3, 1941.
In the decree of July 3, 1942, it is recited, among other things, that it appearing to the court that the bill seeks a review of the final decree entered by this court on the 31st day of July, 1941, in cause No. 14,090 (), and it appearing to the court that the respondent O. L. Green, in open court, although insisting that all of his claims are just and correct, as allowed him in said final decree of July 31, 1941, has, in order to clarify the record, offered to waive all claims heretofore made by him in this cause other than his claim for $175 paid to Josephine A. Herman by him on the purchase price of the property involved in this cause, and the further sum of $15 paid by him for taxes to the said Mrs. Herman, accruing on said land; and it further appearing to the court that the complainants are entitled to relief in this cause; and it further appearing that said O. L. Green, the respondent in this cause, paid the sum of $110.94 as costs of court in cause No. 14,090, accruing through July 31, 1941; and it further appearing that the said O. L. Green paid to Josephine A. Herman the sum of $190 as a part of the purchase price and taxes on the property described, it was decreed that the deed from O. L. Green to Hattie Green executed July 29, 1939, should be and is cancelled; that said property is declared to be vested in O. L. Green for the benefit of the Plateau Community Association (complainant appellant here) and that said association is indebted to O. L. Green in the sum of $300.94; that said O. L. Green has a lien on the property described in the bill of complaint to secure the payment of said indebtedness, and entitled to have said lien enforced on the described lands; that the same be sold in payment and satisfaction of said indebtedness in so far as the proceeds of said sale will satisfy the same; that the Plateau Community Association is given the reasonable time indicated in which to pay to the said Green the sum of $300.94, and the costs are taxed against the complainants, appellants.
The question of the taxation of costs in this jurisdiction is discussed in many decisions and the several statutes and rules of equity here indicated. Sullivan Timber Co. et al. v. Black, 159 Ala. 570, 48 So. 870; Code 1940, T. 11, § 65; Equity Rule 112, T. 7 Appendix, Code 1940, p. 1122.
The provisions of the recent statutes allowing the court to apportion the costs as justice and equity may require was added by the Act of...
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Wheeler v. George, No. 1070484 (Ala. 7/17/2009)
...varied as the justice of the case may require. Thompson v. Bryant, 251 Ala. 566, 38 So. 2d 590 [(1949)]; Plateau Community Association v. Green, 243 Ala. 531, 10 So. 2d 860 [(1942)]; and Kennedy v. Sorsby, 209 Ala. 188, 95 So. 891 [(1923)]. Equity usually follows the general rule at law tha......
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Wheeler v. Randall L. George Southdale
...varied as the justice of the case may require. Thompson v. Bryant, 251 Ala. 566, 38 So.2d 590 [ (1949) ]; Plateau Community Association v. Green, 243 Ala. 531, 10 So.2d 860 [ (1942) ]; Kennedy v. Sorsby, 209 Ala. 188, 95 So. 891 [ (1923) ]. Equity usually follows the general rule at law tha......
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Southern Natural Gas Co. v. State
...7, Sect. 292, or as to varying the taxation of costs on appeal here, as the justice of the case may require, Plateau Community Ass'n v. Green, 243 Ala. 531, 532, 10 So.2d 860; Manning v. Carter, 201 Ala. 218, 77 So. Equity Rule 112, in pertinent part, is as follows: 'Costs will be imposed b......