Foster, Neville & Co. v. Stallworth
Supreme Court of Alabama
Appeal from Butler Chancery Court. Heard before Hon. Adam C. Felder. The appellee, Harriet P. Stallworth, filed this bill against the appellants, Foster, Neville & Co., and the heirs of one W. W. Greene, and sought to foreclose a mortgage on certain lands, executed by said Greene and wife, and also to enforce a vendors lien oñ said lands for a balance of unpaid purchase money.
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Appeal from Butler Chancery Court. Heard before Hon. Adam C. Felder. The appellee, Harriet P. Stallworth, filed this bill against the appellants, Foster, Neville & Co., and the heirs of one W. W. Greene, and sought to foreclose a mortgage on certain lands, executed by said Greene and wife, and also to enforce a vendors lien oñ said lands for a balance of unpaid purchase money. The facts may be thus stated: In the fall of 1866, Thomas N. Stallworth, the husband of complainant, made an agreement with W. W. Greene to sell him the tract of land in controversy. On the 21st day of December, 1866,…
1Opinion of the Court
BRICKELL, C. J.-
The single question to which the argument of counsel has been directed, is whether the appellants, Foster, Neville & Co., had at the time of the execution of the mortgage by Greene to them, notice of the prior mortgage to the appellees. It is not denied that they had notice that Greene derived his title from the appellees. It is also an undisputed fact that they knew he had not fully paid the purchase money; for so much of the debt secured by the mortgage to them, as was contracted cotemporaneous with the execution of the mortgage, was for money loaned him to remove the lien…
2Cases cited1 opinion
- Scroggins v. McDougaldSupreme Court of Alabama · 1845
3Cited by3 opinions
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Peterson v. WeistWashington Supreme Court · 1908
- Overall v. TaylorSupreme Court of Alabama · 1892