Terry v. Keaton
Supreme Court of Alabama
APPEAL from the Chancery Court of Coffee. Heard before the Hon. ilmuosco AusTu~L. The bill in this cause was filed by appellant, Thomas J. Terry, administrator of the estate of Martha A. Johnson, deceased, against Nicholas B. Keaton and wife, appellees, to enforce a vendor's lien on two promisso±y notes, which the bill alleges to have been made by appellees, payable to appellant's intestate, for the purchase-money of certain lands conveyed by Martha Johnson and her husband,…
Read the full summary
APPEAL from the Chancery Court of Coffee. Heard before the Hon. ilmuosco AusTu~L. The bill in this cause was filed by appellant, Thomas J. Terry, administrator of the estate of Martha A. Johnson, deceased, against Nicholas B. Keaton and wife, appellees, to enforce a vendor's lien on two promisso±y notes, which the bill alleges to have been made by appellees, payable to appellant's intestate, for the purchase-money of certain lands conveyed by Martha Johnson and her husband, one Ashfield Johnson, to appellees. The appellees set up in their answer that said Ashfield Johnson and wife, were the…
1Opinion of the CourtStone, J.
1-2. In the case of Bankhead v. Owen, MSS., Ch. J. Beiokell entered so fully into the discussion of the nature and extent of the equitable doctrine of vendor’s lien, that we consider it unnecessary to repeat what he has so well said. It has its existence, and can be enforced only in equity. It is rarely the subject of express negotiation or contract, but is an incident which courts of equity recognize and enforce, as springing out of the contract of bargain and sale of lands, when attendant conditions do not repel the presumption of such incident. Its principle is, “that a person who has…
2Cases cited21 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Sanford v. HowardSupreme Court of Alabama · 1857
- Conner v. BanksSupreme Court of Alabama · 1850
- Jones v. DeyerSupreme Court of Alabama · 1849
- Gannard v. EslavaSupreme Court of Alabama · 1852
16 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Fennell v. HenrySupreme Court of Alabama · 1881
- Hunter v. BriggsSupreme Court of Alabama · 1913
- Driver v. BarnesSupreme Court of Alabama · 1931