Thomason v. Cooper
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. N. S. GRAHAM. The case may be understood from the opinion. 1. The vendor’s lien is the creature of the court of equity. It does not exist by contract, and imposes no personal obligation. It follows the purchase-money and attaches to the land. No better or higher derivation need be searched for, than the dictates of justice, that land shall not pass from its owner to another without a consideration paid.
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Appeal from the Chancery Court of Chambers. Heard before the Hon. N. S. GRAHAM. The case may be understood from the opinion. 1. The vendor’s lien is the creature of the court of equity. It does not exist by contract, and imposes no personal obligation. It follows the purchase-money and attaches to the land. No better or higher derivation need be searched for, than the dictates of justice, that land shall not pass from its owner to another without a consideration paid. Indestructible and immovable, it shall abide with him who has the best right to it, in foro conscientice. — Roper v. Lay, 48…
1Opinion of the CourtStone, J.
The present bill was filed by John W. Thomason, appellant, against JohnW. Cooper, appellee, to enforce an alleged vendor’s lien. It is among the uncontroverted facts in this case that when Thomason sold to Cooper the lands he now seeks to condemn, he executed to him a warranty deed of conveyance, and put him in possession ; that in part payment of the purchase-money, Cooper transferred to Thomason two notes, payable to Cooper, and past due — one on one Phillips, and the other on one Thomas and Epps. The Phillips note he indorsed as follows: “1 indorse the within until paid.” The Thomas and…
2Cases cited12 opinions
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
- Relfe v. RelfeSupreme Court of Alabama · 1859
- Driver v. HudspethSupreme Court of Alabama · 1849
- Griggsby v. HairSupreme Court of Alabama · 1854
- Bunkley v. LynchSupreme Court of Alabama · 1872
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3Cited by8 opinions
- Kyle v. BellengerSupreme Court of Alabama · 1885
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- McDonald v. Elyton Land Co.Supreme Court of Alabama · 1884
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