Wilkinson v. May
Supreme Court of Alabama
Appeal from Butler Chancery Court. Heard before Hon. Jno. A. Foster. The bill in this cause was filed by Eliza A. May against W. "W. Wilkinson, to enforce a vendor’s lien on land for an unpaid balance of purchase money.
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Appeal from Butler Chancery Court. Heard before Hon. Jno. A. Foster. The bill in this cause was filed by Eliza A. May against W. "W. Wilkinson, to enforce a vendor’s lien on land for an unpaid balance of purchase money. The case made by the bill is substantially as follows: On 2d May, 1868, Seth S. May, who was the husband of complainant, but who had died prior to the filing of the bill, being seized and possessed of a lot of land in Greenville, in this State, sold it to William Miller and Jane M. Withers, and on the same day he and the complainant executed a deed conveying the lot to…
1Opinion of the CourtBriokell, C. J.
The doctrine of the English court of chancery in its general statement, that the vendor of lands who had not taken security, although he makes an absolute conveyance with a formal acknowledgment, that the consideration is fully paid, retains an equitable lien for the payment of the purchase money, which will be enforced against the vendee, and all persons claiming under him, other than bona fide purchasers without notice, has always prevailed in this State. The lien is not dependent upon a specific agreement for its creation — it exists independent of such agreement, upon a broad principle of…
2Cases cited10 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Bankhead v. OwenSupreme Court of Alabama · 1877
- You v. FlinnSupreme Court of Alabama · 1859
- Batre v. Auze's heirsSupreme Court of Alabama · 1843
- Dooley v. VillalongaSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Baisden v. City of GreenvilleSupreme Court of Alabama · 1927
- Turnipseed v. BlanSupreme Court of Alabama · 1933
25 more not listed; retrieve them via the Exa API.