Cheek v. Waldrum
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. J. W. Lesesne. The original bill in this case was filed by Eandal Cheek to enforce his vendor’s lien for the unpaid purchase money of certain lots in the town of Ilayneville, which he purchased at sheriff’s sale under execution at law against Charles Wal-drum, and afterwards sold to Susannah Waldrum, the wife of said Charles.
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. J. W. Lesesne. The original bill in this case was filed by Eandal Cheek to enforce his vendor’s lien for the unpaid purchase money of certain lots in the town of Ilayneville, which he purchased at sheriff’s sale under execution at law against Charles Wal-drum, and afterwards sold to Susannah Waldrum, the wife of said Charles. The sale to said Susannah was made on or about the first of January, 1848, for the sum of $595, of which $180 were paid when the vendor executed a conveyance of the premises to one Gray, as trustee for Mrs.…
1Opinion of the Court
LIGON, J. —
In order to ascertain the rights and remedies of the parties to this record, it is necessary to ascertain the true state of the title to. the premises at the time they were levied on by the sheriff of Lowndes county, at whose sale Cheek became the purchaser.
Turner is the source of title, so far as the record discloses, and there is no question between the parties as to his right to convey. The proof shows that he, by deed, conveyed the fee in the lots to Lanier. Lanier conveys it, first, by deed of mortgage, with the power of sale, to Neil, his creditor, and then, while this…
2Cases cited3 opinions
- Carleton & Co. v. BanksSupreme Court of Alabama · 1844
- Fry v. Merchants' InsuranceSupreme Court of Alabama · 1849
- Neil v. JohnsonSupreme Court of Alabama · 1847
3Cited by11 opinions
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Grimball v. PattonSupreme Court of Alabama · 1881
- Williams v. HatchSupreme Court of Alabama · 1862
- Zimmern v. Standard Motor Car Co.Supreme Court of Alabama · 1921
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