Legal Opinion

Newbold v. Smart

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 31 opinions

Bill in Equity by Tenant in Common, against Co-tenant, to enforce Lien on common property for over-payment of purchase-money. Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. This was a bill in Chancery, filed on the 20th day of August, 1877, by Jas.E. Smart against Bobert E. Newbold.

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Bill in Equity by Tenant in Common, against Co-tenant, to enforce Lien on common property for over-payment of purchase-money. Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. This was a bill in Chancery, filed on the 20th day of August, 1877, by Jas.E. Smart against Bobert E. Newbold. The bill alleged, that on November 12, 1873, complainant and said Newbold purchased certain lands at administrator’s sale, agreeing to pay $600 for them ; that being unable to pay cash, they procured J. P. Martin & Co. to endorse their notes for the purchase-money, which were then accepted as…

1Opinion of the CourtStone, J.

— In Foster v. Trustees of the Athenœum, 3 Ala. 302, this court decided, that “ a surety of a vendee, who is compelled to pay the purchase-money, has no lien in equity upon the land ” for reimbursement. The reason given was, that by the payment of the debt on which he was surety, the instrument evidencing the debt became functus officio. In other words, that the debt, to which the lien attached as an incident, ceased to exist when it was paid ; and left nothing to which the lien could stand as an incident. The principle of that case has never been departed from, but has been frequently cited…

2Cases cited10 opinions

  1. Chapman v. AbrahamsSupreme Court of Alabama · 1878
  2. Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
  3. Austin v. . AhearneNew York Court of Appeals · 1874
  4. Israel v. IsraelCourt of Appeals of Maryland · 1869
  5. Owen v. McGeheeSupreme Court of Alabama · 1878

5 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Truss v. MillerSupreme Court of Alabama · 1897
  2. Fielder v. ChildsSupreme Court of Alabama · 1883
  3. Johns v. JohnsSupreme Court of Alabama · 1890
  4. Turner v. TurnerSupreme Court of Alabama · 1915
  5. Gayle v. JohnstonSupreme Court of Alabama · 1885

26 more not listed; retrieve them via the Exa API.

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