Owen v. Bankhead
Supreme Court of Alabama
Art’KAL from the Chancery Court of Lawrence. Heard before the Hon. Tiros. Cobbs. The bill in this case was filed on the 13th August, 1878, by Mrs. Martha 31. Owen and Edward P. Schackelford, the latter suing as the administrator of the estate of M. W. Mayes, deceased, against ¥m.
Read the full summary
Art’KAL from the Chancery Court of Lawrence. Heard before the Hon. Tiros. Cobbs. The bill in this case was filed on the 13th August, 1878, by Mrs. Martha 31. Owen and Edward P. Schackelford, the latter suing as the administrator of the estate of M. W. Mayes, deceased, against ¥m. S. Bankhead and others, as the personal representatives and heirs at law of George M. Garth, deceased; and sought to enforce an alleged vendor’s lien on land for the unpaid purchase-money, under the following state of facts, as alleged in the bill, and shown by the exhibits thereto: The land was sold and conveyed by…
1Opinion of the CourtSomerville, J.
— It is not contended that a vendor’s lien on the land in controversy did not exist in favor of Mayes, the original owner, after the sale made by him to Garth, on the 3d December, 1859. This lien certainly existed without any specific agreement, as an incident to the contract of sale, and was enforceable, not only against the vendee, but all others who were not purchasers for value without notice, unless it had in some way been lost by waiver or abandonment.
It is our opinion that this lien was not waived, or abandoned, by the unsuccessful attempt to enforce it in the chancery suit commenced…
2Cases cited10 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Hunt v. AcreSupreme Court of Alabama · 1856
- Pitts v. PowledgeSupreme Court of Alabama · 1876
- Tedder v. SteeleSupreme Court of Alabama · 1881
- Gunter v. WilliamsSupreme Court of Alabama · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Crampton v. PrinceSupreme Court of Alabama · 1887
- Threefoot Bros. & Co. v. HillmanSupreme Court of Alabama · 1900
- Shockley v. ChristopherSupreme Court of Alabama · 1912
- Boutwell v. SteinerSupreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.