Troy v. Walter Bros.
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 2d July, 1887, by Walter Brothers, suing as partners, against D. S. Troy, J. T. May, and C. B. Ferrell; and was called an “original bill in the nature of a cross-bill to a suit instituted by said May against said Walter Brothers, Troy and Eerrell,” which sought to enforce a vendor's lien on land.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed on the 2d July, 1887, by Walter Brothers, suing as partners, against D. S. Troy, J. T. May, and C. B. Ferrell; and was called an “original bill in the nature of a cross-bill to a suit instituted by said May against said Walter Brothers, Troy and Eerrell,” which sought to enforce a vendor's lien on land. The tract of land was sold by Eerrell to falter Brothers, on the 12th May, 1885, at the agreed price of $1,800, and a bond for title given; but a conveyance was not executed…
1Opinion of the CourtStone, C. J.
We are asked in this case to review our ruling in King v. Paulk, 85 Ala. 186; s. c., 86 Ala. 332. That case was followed and re-affirmed in Fitzgerald v. Williams, 85 Ala. 585. And each of these cases followed, substantially, our older rulings in McCarthy v. Nicrosi, 72 Ala. 332, and Watt v. Parsons, 73 Ala. 202. They rest on the solid ground, that a change of title, or ownership, without visible change of possession, is neither actual nor constructive notice. We consider that ruling as resting on justice and solid reasoning, and are not inclined to depart from it.
It is contended for…
2Cases cited10 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- McCarthy v. NicrosiSupreme Court of Alabama · 1882
- Brunson v. BrooksSupreme Court of Alabama · 1880
- King v. PaulkSupreme Court of Alabama · 1887
- Tutwiler v. MontgomerySupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Uhls v. State Ex Rel. City of CheyenneWyoming Supreme Court · 1967
- Bynum v. GoldSupreme Court of Alabama · 1894
- Caldwell v. PollakSupreme Court of Alabama · 1890
- Lightsey v. StoneSupreme Court of Alabama · 1951
- Stockton v. National BankSupreme Court of Florida · 1903
6 more not listed; retrieve them via the Exa API.