Phillips v. Adams
Supreme Court of Alabama
Appeal from the Chancery Court of Elmore. Heard before the Hon. J. M. Falkner, as special chancellor. The original bill in this case was filed on the 18th July, 1881, by Samuel Gr.
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Appeal from the Chancery Court of Elmore. Heard before the Hon. J. M. Falkner, as special chancellor. The original bill in this case was filed on the 18th July, 1881, by Samuel Gr. Adams, against Mrs. Sarah A. Bhillips, as executrix of the last will and testament of her deceased husband, James D. Phillips, and as sole devisee and legatee under its provisions; and sought to enforce an alleged vendor’s Hen on a tract of land, which the complainant sold to said James D. Phillips, on the 31st December, 1861, at the agreed price of $1,400, executing to him a bond for titles, a copy of which was…
1Opinion of the CourtClopton, J.
The lien of a vendor of land, when no conveyance is executed, is regarded in the nature of a mortgage, and is not impaired or destroyed, because an action at law-for the purchase-money may be barred by the statute of limitations; and it does not become a stale demand, if a bill in equity to enforce the lien is filed within less than twenty years after the sale. The legal presumption of payment, from mere lapse of time, does not arise until after the expiration of twenty years, without payment of interest, or any recognition of the indebtedness on the part of the debtor. These rules, though…
2Cases cited1 opinion
- Lipscomb v. DeLemosSupreme Court of Alabama · 1881
3Cited by12 opinions
- Cook v. AtkinsSupreme Court of Alabama · 1911
- Staten v. ShumateSupreme Court of Alabama · 1942
- Reynolds v. LawrenceSupreme Court of Alabama · 1906
- Beall v. FolmarSupreme Court of Alabama · 1917
- Harrison v. SollieSupreme Court of Alabama · 1921
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