Vice v. Littlejohn
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. J. R. Dowdell. This suit was instituted by a bill filed. by Ab. Little-john against James H. Vice, for the purpose of enforcing a vendor’s lien on certain lands described in the bill. Vice answered the bill, and asked that his answer be taken as a cross-bill, and prayed for the rescission of the contract of purchase.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. J. R. Dowdell. This suit was instituted by a bill filed. by Ab. Little-john against James H. Vice, for the purpose of enforcing a vendor’s lien on certain lands described in the bill. Vice answered the bill, and asked that his answer be taken as a cross-bill, and prayed for the rescission of the contract of purchase. The facts of the case, as disclosed in the record show, that in the fall of 1887, Littlejohn sold to Vice one hundred and sixty acres of land situated in Calhoun county, Alabama, on a credit, executed to him a…
1Opinion of the CourtMcCLELLAN, J.
We find nothing in this case to take it out of the operation of the general rule that a purchaser of land who has received a deed with covenants of warranty, and who has taken and continues in possession under his purchase and said conveyance, cannot, in the absence of fraud in the sale, or the insolvency of his vendor, maintain a cross-bill for rescission of the sale on the ground that the vendor was without title, in defense of a bill filed by the vendor to enforce his lien for the purchase money. Our conclusion on the evidence is that the complainant believed at the time of the sale that…
2Cases cited2 opinions
- Gallagher v. WitheringtonSupreme Court of Alabama · 1856
- Purcell v. LaySupreme Court of Alabama · 1887
3Cited by1 opinion
- Wayne Realty & Investment Co. v. WhittenSupreme Court of Florida · 1925