Williamson's Adm'r v. Ross
Supreme Court of Alabama
Appeal from the Chancery Court of Randolph. Heard before the Hon. John Foster. The bill in this case was filed by Hugh Montgomery, as the administrator de bonis non of George Williamson, ■deceased, against Frederic Ross and John T. Heflin; and ■sought to enforce a vendor’s lien for the unpaid purchase-money of a-tract of laud, which the said Williamson had sold to one Andrew Burnham, and which the said Ross, •through Heflin as his agent, bought at a public sale, which was…
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Appeal from the Chancery Court of Randolph. Heard before the Hon. John Foster. The bill in this case was filed by Hugh Montgomery, as the administrator de bonis non of George Williamson, ■deceased, against Frederic Ross and John T. Heflin; and ■sought to enforce a vendor’s lien for the unpaid purchase-money of a-tract of laud, which the said Williamson had sold to one Andrew Burnham, and which the said Ross, •through Heflin as his agent, bought at a public sale, which was made under an order of the probate court by the administrator of said Burnham, whose estate had been previously declared…
1Opinion of the Court
BICE, O. J.—
It may be conceded, that Williamson, at the time of his death, as the vendor of the land to Burn-ham, had a lien on the land for the unpaid purchase-money; and that the lien can still be enforced, unless the conduct of the complainant, as the administrator de bonis non cum testamento annexe of Williamson, amounts' to a waiver or discharge of it, or to an equitable estoppel against its enforcement by the said administrator.
It appears that the estate of Burnham, the vendee, was duly declared insolvent, and finally settled in the probate or orphans’ court as an insolvent estate; that…
2Cases cited7 opinions
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Butler v. O'BrienSupreme Court of Alabama · 1843
- Fambro v. GanttSupreme Court of Alabama · 1847
- Firemen's Insurance v. Cochran & Co.Supreme Court of Alabama · 1855
- Lawson's Adm'r v. Lay'sSupreme Court of Alabama · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Robertson v. BradfordSupreme Court of Alabama · 1882
- Oden v. DupuySupreme Court of Alabama · 1891
- Williams v. TroySupreme Court of Alabama · 1863
- Nunn v. NorrisSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.