Griffin v. Camack
Supreme Court of Alabama
Appeal from the Chancery Court of Russell. Heard before the Hon. James B. Clark. The bill in this case was filed by Furney Camack, against George Cook, Andrew B. Griffin, and John W. Hale; and sought to enforce a vendor’s lien for the unpaid purchase-money of land.
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Appeal from the Chancery Court of Russell. Heard before the Hon. James B. Clark. The bill in this case was filed by Furney Camack, against George Cook, Andrew B. Griffin, and John W. Hale; and sought to enforce a vendor’s lien for the unpaid purchase-money of land. The land was sold by Camack to Cook on the 15th July, 1854-, for $800; and Cook executed and delivered his three promissory notes for the purchase-money, payable on the 25th December, 1854, 1855, and 1856, respectively. The first of these notes was transferred by Camack, on the 24th January, 1855, to Thomas T. Storey, who obtained…
1Opinion of the CourtA. J. Walken, C. J.
We think the law is settled in this State, that the unqualified transfer of a note, given for the purchase-money of land, or of a judgment upon the note, is a transfer of the vendor’s lien on the land for the payment of the note. — White v. Stover, 10 Ala. 441; Kelly v. Payne, 18 Ala. 371. An endorsement by the complainant of one of the notes given by his vendee transferred the lien of the note, and a transfer of the judgment recovered by the endorsee upon the note would carry with it the same lien.
*697[2.] The language of the transfer of the judgment is as follows: “Eor value received, I hereby…
2Cases cited2 opinions
- Kelly v. PayneSupreme Court of Alabama · 1850
- White v. StoverSupreme Court of Alabama · 1846
3Cited by7 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Prickett v. SibertSupreme Court of Alabama · 1883
- White v. SimpsonSupreme Court of Alabama · 1894
- Schmertz v. HammondWest Virginia Supreme Court · 1900
- Kimble v. WotringWest Virginia Supreme Court · 1900
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