Chastain v. Hames
Supreme Court of Alabama
Appear from- Cullman Chancery Court. Heard before Hon. TV. H. Simpson. Casaway Hames brought this suit against A. B. Chastain and C. P. Lynch to enforce a vendor’s lien on land. Hames sold the land to Chastain, who.paid the purchase money in part only. Afterwards Chastain requested Hames to execute a deed to one Lynch. The deed was written and signed, but Hames refused to deliver it until the balance of the purchase money dne him was paid.
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Appear from- Cullman Chancery Court. Heard before Hon. TV. H. Simpson. Casaway Hames brought this suit against A. B. Chastain and C. P. Lynch to enforce a vendor’s lien on land. Hames sold the land to Chastain, who.paid the purchase money in part only. Afterwards Chastain requested Hames to execute a deed to one Lynch. The deed was written and signed, but Hames refused to deliver it until the balance of the purchase money dne him was paid. Some dispute arising about this balance, the parties agreed to submit and did submit the matter to arbitration. The submission was in writing and provided…
1Opinion of the CourtShappe, J.
— Whether a grantor of land has waived the lien which ordinarily attaches for unpaid purchase money in a question depending upon his intention. The presumption is in favor of the existence of the lien unless the grantor has manifested an intention to waive *620or abandon it. Sucli intention may appear from an express agreemnt or it may be inferred from attendant acts or circumstances. There are acts which are apparently inconsistent with the lien’s retention and which when they exist, will show presumptively its waiver. The comon case is' where the vendor takes other security, either on property…
2Cases cited6 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Crampton v. PrinceSupreme Court of Alabama · 1887
- Thompson v. SheppardSupreme Court of Alabama · 1888
- Davis v. SmithSupreme Court of Alabama · 1889
- Moore v. WorthySupreme Court of Alabama · 1876
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