Williams v. McCarty
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Eton. John A. Foster. The original bill in this case was filed on the 14th February, 1882, by Robert S. Williams, against Mrs. Sallie McCarty and her husband, M. F. McCarty, or Fletcher McCarty; and sought to enforce a vendor’s lien on a tract of land, for an alleged balance of purchase-money remaining unpaid.
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Appeal from the Chancery Court of Montgomery. Heard before the Eton. John A. Foster. The original bill in this case was filed on the 14th February, 1882, by Robert S. Williams, against Mrs. Sallie McCarty and her husband, M. F. McCarty, or Fletcher McCarty; and sought to enforce a vendor’s lien on a tract of land, for an alleged balance of purchase-money remaining unpaid. A demurrer was interposed to the original bill, which was overruled by the chancellor; but his decree was reversed by this court on appeal, and the cause was remanded, in order that the complainant might have an opportunity…
1Opinion of the CourtStone, J.
— When land is sold and conveyed, leaving the purchase-money, or a part of it unpaid, there is a lien on the land in favor of the vendor, as security for the unpaid pur*300chase-money. This is the general rule, and it rests on the principle, “ that a person who has gotten the estate of another, ought not in conscience, as between them, to be allowed to keep it, and not to pay the full consideration money.” This lien is said to be the mere creature of equity. Certainly, equity first gave it vitality, and that court alone can administer and enforce it. It springs, as matter of law, out of the…
2Cases cited9 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Carver v. EadsSupreme Court of Alabama · 1880
- Wilkinson v. MaySupreme Court of Alabama · 1881
- Buford v. McCormickSupreme Court of Alabama · 1876
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3Cited by6 opinions
- Cowley v. ShieldsSupreme Court of Alabama · 1912
- Parrish v. HastingsSupreme Court of Alabama · 1893
- Spears v. TaylorSupreme Court of Alabama · 1907
- Betts v. SykesSupreme Court of Alabama · 1886
- Driver v. BarnesSupreme Court of Alabama · 1931
1 more not listed; retrieve them via the Exa API.