Latham v. Staples
Supreme Court of Alabama
Appeal from Chancery Court of Calhoun. Heard before Hon. B. B. McCraw. On the 24th of September, 1864, Staples filed his bill •against Latham and Hollingsworth, alleging that Latham bought a tract of land, lying in this State, from Hollingsworth, in the year 1865, for the sum of about seventeen hundred dollars, and that, to secure the payment of this sum, he executed his written obligation for that amount, payable to Hollingsworth; that after this sale, Hollingsworth became…
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Appeal from Chancery Court of Calhoun. Heard before Hon. B. B. McCraw. On the 24th of September, 1864, Staples filed his bill •against Latham and Hollingsworth, alleging that Latham bought a tract of land, lying in this State, from Hollingsworth, in the year 1865, for the sum of about seventeen hundred dollars, and that, to secure the payment of this sum, he executed his written obligation for that amount, payable to Hollingsworth; that after this sale, Hollingsworth became indebted to Staples by promissory note in the sum of $300. On this last named note there was a payment of forty dollars,…
1Opinion of the CourtPeters, J.
There can be no doubt now, that in this State, a promissory note given for the purchase-money of land is secured by a vendor’s equitable lien upon the land sold, unless, in the contract of sale, this lien has been released. This lien attaches to the debt, and is transferable with the note for the purchase-money; though, at the same time, it may be released when the note is assigned without recourse, or when the debt itself is changed without intention to preserve the lien.- Conner v. Banks, *46518 Ala. 42; Kelly v. Payne, 18 Ala. 371 ; Brooks v. Woods, 40 Ala. 538 ; White v. Stover et al., 10 Ala.…
2Cases cited13 opinions
- Conner v. BanksSupreme Court of Alabama · 1850
- Kelly v. PayneSupreme Court of Alabama · 1850
- Haley v. BennettSupreme Court of Alabama · 1837
- Griggsby v. HairSupreme Court of Alabama · 1854
- Hall's ex'rs v. ClickSupreme Court of Alabama · 1843
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- U. S. Fidelity & Guaranty Co. v. PittmanSupreme Court of Alabama · 1913
- Gordon & Stokes v. BellSupreme Court of Alabama · 1874
- Reeves & Co. v. EstesSupreme Court of Alabama · 1899
- White v. WhiteSupreme Court of Alabama · 1922
- Scott v. BrassellSupreme Court of Alabama · 1902
4 more not listed; retrieve them via the Exa API.