Conner v. Banks
Supreme Court of Alabama
Error to the Chancery Court of Barbour. Tried before the Hon. J. W. Lesesne. I.The lien cannot be enforced— 1. Because the contract was not made with reference to the lien, new securityhaving been taken. — 7 Ala. 31S. 2. Because the security was destroyed and extinguished by ■ the taking of a new note. — 4 Kent, 193. 3. The new note was not a renewal of the land note, because the contract was with different parties.
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Error to the Chancery Court of Barbour. Tried before the Hon. J. W. Lesesne. I.The lien cannot be enforced— 1. Because the contract was not made with reference to the lien, new securityhaving been taken. — 7 Ala. 31S. 2. Because the security was destroyed and extinguished by ■ the taking of a new note. — 4 Kent, 193. 3. The new note was not a renewal of the land note, because the contract was with different parties. It was a new contract, for a different note — the payee of which was different. II. Banks had a right to relinquish the lien by his own act, or it may be done by implication of…
1Opinion of the Court
DARGAN, C. J
The bill and the amendments thereto «how that Stephen B. Saunders, deceased, in his life-time, sold the land in controversy to Milton C. Conner, who gave his note for the purchase money, amounting to two thousand dollars, payable on the first of January 1841. No deed was then executed, but Saunders gave his bond to make titles. The note for the purchase money was transfered to the .complainant, and its payment was guarantied by Saunders, the payee, and one Tripp. After the note fell due, the complainant extended the time of payment and took a new note from Conner, including…
2Cases cited4 opinions
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Chapman v. ChunnSupreme Court of Alabama · 1843
- Haley v. BennettSupreme Court of Alabama · 1837
- White v. StoverSupreme Court of Alabama · 1846
3Cited by36 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Wells v. MorrowSupreme Court of Alabama · 1861
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