Campbell v. Goldthwaite
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before Hon. L. D. Gardner. Bill by Charles B. Goldthwaite against M. B. Campbell and W. P. McGaugh, to enforce a vendor’s lien. Decree for complainant and respondents appeal.
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Appeal from Pike Chancery Court. Heard before Hon. L. D. Gardner. Bill by Charles B. Goldthwaite against M. B. Campbell and W. P. McGaugh, to enforce a vendor’s lien. Decree for complainant and respondents appeal. The bill alleges complainant to be a resident of Pike county, and the respondent to be a resident of Montgomery county, and that the land the subject of the suit is situated in Troy, Pike county; that prior to the 6th day of May, 1909, complainant was seized and possessed of certain real estate which is described, and that on said day complainant sold above described land to the…
1Opinion of the CourtAnderson, C. J.
While the general rule is different, Alabama has gone the full length in preserving the *5vendor’s lien in order to secure the purchasing price of land, and it has been the long-established rule of this jurisdiction that when the consideration for the sale of land is the delivery of chattels, which are capable of reduction to a money value, a lien exists for the collection of such value, upon a failure to deliver them in accordance with the terms of the contract.—Neel v. Clay, 48, Ala. 252; Smith v. Vaughan v. 78, Ala. 201. It has also been held that dn undertaking to deliver bonds is within…
2Cases cited7 opinions
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Burroughs v. BurroughsSupreme Court of Alabama · 1909
- Bridgeport Land & Improvement Co. v. American Fire-proof Steel Car Co.Supreme Court of Alabama · 1891
- Cordova Coal Co. v. LongSupreme Court of Alabama · 1890
- Fields v. Drennen & Co.Supreme Court of Alabama · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jacobs v. Goodwater Graphite Co.Supreme Court of Alabama · 1920
- Planters' Warehouse & Commission Co. v. BarnesSupreme Court of Alabama · 1934
- Lindsey v. ThorntonSupreme Court of Alabama · 1937
- Harrison v. SollieSupreme Court of Alabama · 1921
- Dixie Industrial Co. v. BensonSupreme Court of Alabama · 1918
7 more not listed; retrieve them via the Exa API.