Spears v. Taylor
Supreme Court of Alabama
Appeal from Dale Chancery Court. Heard before Hon. W. L. Parks. Bill by S. A. Spears against B. I. Taylor and others. This was a bill to enforce a vendor’s lien. The appellant filed the bill against the appellee and against H. H. Dowling & Co., Avho are alleged to have a mortgage on the land. The defense was that the lien Avas waived by taking personal security on the note for the deferred payment.
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Appeal from Dale Chancery Court. Heard before Hon. W. L. Parks. Bill by S. A. Spears against B. I. Taylor and others. This was a bill to enforce a vendor’s lien. The appellant filed the bill against the appellee and against H. H. Dowling & Co., Avho are alleged to have a mortgage on the land. The defense was that the lien Avas waived by taking personal security on the note for the deferred payment. Dowling’s defense was a Avant of notice and innocent purchaser without notice. The facts tend to show that the appellant sold appellee Taylor a lot of land, for Avliich he received a large sum of…
1Opinion of the Court
DENSON, J. —
This is a bill filed by Mrs. S. A. Spears against B. I. Taylor, I-I. H. Dowling & Co., and H. H. Dowling and Mrs. Neal Dowling, individuals composing the firm of H. H. DdAvling & Co. The purpose of the bill is to enforce a vendor’s lien on the lands described in the bill. The critical question for determination is: Did the complainant, under the circumstances accom*182partying tlie sale, waive lier vendor’s lien hy talcing personal security to secure the deferred payment?
The undisputed facts are that on August 30, 1904, the complainant, through her husband, who was her general agent,…
2Cases cited13 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Gravlee v. LamkinSupreme Court of Alabama · 1897
- Tedder v. SteeleSupreme Court of Alabama · 1881
- Walker v. CarrollSupreme Court of Alabama · 1880
- Chapman v. PeeblesSupreme Court of Alabama · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pearson v. DuncanSupreme Court of Alabama · 1916
- Hyde v. StarnesSupreme Court of Alabama · 1945
- Foy v. FoySupreme Court of Alabama · 1984
- Lindsey v. ThorntonSupreme Court of Alabama · 1937
- Faulkner v. FowlerSupreme Court of Alabama · 1918
1 more not listed; retrieve them via the Exa API.