Legal Opinion

Fields v. Drennen & Co.

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 6 opinions

Appeal from the Chancery Court of Blount. Heard, before the Hon. Thomas Cobbs. The bill in this caso was filed on December 14, 1896, by Drennen & Company.

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Appeal from the Chancery Court of Blount. Heard, before the Hon. Thomas Cobbs. The bill in this caso was filed on December 14, 1896, by Drennen & Company. The bill averred that on July 30th, 1894, George 0. Depoister, being the owner of certain described lands, sold said lands to J. N. Huddleston for the sum of $500, payable in five equal instalments, as evidenced by promissory notes, which were due as follows, respectively, November 15th, 1895; November 15th, 1896; November 15th, 1897; November 15th, 1898 ; November 15th, 1899; that to secure the payment of the purchase-money, and as a part…

1Opinion of the CourtMcCLELLAN, J.

The complainants, Drennen & Co., have no vendor’s lien on the land involved in the case. Their assignor, Depoister, waived a lien for the purchase money when he took from the vendee a mortgage on the land to secure the payment of the purchase money. — 28 Am. & Eng. Encyc. of Law, p. 179, note.

But the bill, containing, as we shall see it does, proper averments for the foreclosure of the mortgage, is not rendered bad as a bill for that purpose by a special prayer which might be construed to seek the establishment and satisfaction by sale of a vendor’s lien, there being a general prayer under…

2Cases cited1 opinion

  1. Fulgham v. MorrisSupreme Court of Alabama · 1883

3Cited by6 opinions

  1. J. H. Morris, Inc. v. Indian Hills, Inc.Supreme Court of Alabama · 1968
  2. Campbell v. GoldthwaiteSupreme Court of Alabama · 1915
  3. McGregor v. ShippSupreme Court of Alabama · 1939
  4. Denton v. LindlerSupreme Court of Alabama · 1935
  5. Sorrells v. ColeSupreme Court of Alabama · 1937

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