Hardigree v. Mitchum
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. B. B. McCbaw. The bill in this case was filed on the 24th December, 1870, by N. J. Mitchum, against John C. Hardigree, and sought to enforce a vendor’s lien for the unpaid purchase-money of a tract of land, which was sold by the complainant to the deendant in October, 1867. No deed was executed at the time f the sale, but complainant gave his bond for titles, and the defendant executed his two notes for the…
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Appeal from the Chancery Court of Talladega. Heard before the Hon. B. B. McCbaw. The bill in this case was filed on the 24th December, 1870, by N. J. Mitchum, against John C. Hardigree, and sought to enforce a vendor’s lien for the unpaid purchase-money of a tract of land, which was sold by the complainant to the deendant in October, 1867. No deed was executed at the time f the sale, but complainant gave his bond for titles, and the defendant executed his two notes for the purchase-money, each for $250. These notes were unpaid, and were made exhibits to the bill; and the bill alleged that…
1Opinion of the CourtBrickell, J.
The bill was filed by the appellee, to enforce a lien for the unpaid purchase-money of a tract of land sold by him to the appellant in 1867. The lands were purchased by the appellee in 1864, from one Carmichael. When this purchase was made, there was a subsisting judgment against said Carmichael in the circuit court of Talladega, in which county the lands were situated, rendered in 1860. When the sale to the appellant was made, the appellee had knowledge of this judgment against Carmichael, and knew that it was as*153serted as a lien on the land. He avowed to others a purpose to sell the lands,…
2Cases cited9 opinions
- Lyon v. RichmondNew York Court of Chancery · 1816
- Martin v. HewittSupreme Court of Alabama · 1870
- Dill v. ShahanSupreme Court of Alabama · 1854
- Gwynn v. Hamilton's Adm'rSupreme Court of Alabama · 1856
- Ray v. ThompsonSupreme Court of Alabama · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Hinson v. ByrdSupreme Court of Alabama · 1953
- Bibb v. BibbSupreme Court of Alabama · 1885
- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
- Hibbits v. JackIndiana Supreme Court · 1884
10 more not listed; retrieve them via the Exa API.