Johnston & Seats v. Smith's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. H. O. Speake. The original bill in this case was filed on the 10th November, 1871, by Morris K. Taylor, as the administrator de bonis non of the estate of Hughey Smith, deceased, against the jjartners composing the firm of Johnston & Seats, Isaac S. Ellett, and John McGaha (or John P. McGaha, as, he is indifferently called in the record); and sought to enforce a vendor’s lien on a tract of land, for the balance…
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Appeal from the Chancery Court of Madison. Heard before the Hon. H. O. Speake. The original bill in this case was filed on the 10th November, 1871, by Morris K. Taylor, as the administrator de bonis non of the estate of Hughey Smith, deceased, against the jjartners composing the firm of Johnston & Seats, Isaac S. Ellett, and John McGaha (or John P. McGaha, as, he is indifferently called in the record); and sought to enforce a vendor’s lien on a tract of land, for the balance of purchase-money due and unpaid. The land contained about 43s acres, and was sold by said Ellett to McGaha about the…
1Opinion of the CourtSomerville, J.
This is a bill filed by the appellee to enforce a vendor’s lien on certain lands described. It was amended so as to seek a redemption of a portion of the lands under a tax-sale made on May 1st, 1871, at which the appellants, Johnston & Seats, became the purchasers.
It is manifest that the judgment claim held by the appellee, Taylor, against Ellett and McGaha, having been rendered on a note given for th& purchase-money of these lands, was a lien on them at the time, and continues to be, unless it has been lost, or overridden by some superior, equity accruing in behalf of the appellants,…
2Cases cited12 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
- O'Brien v. CoulterIndiana Supreme Court · 1831
- Dargan v. WaringSupreme Court of Alabama · 1847
- Martin v. WhartonSupreme Court of Alabama · 1863
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3Cited by25 opinions
- Brooks v. GarnerSupreme Court of Oklahoma · 1908
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Randle v. BoydSupreme Court of Alabama · 1882
- McCarthy v. McCarthySupreme Court of Alabama · 1883
- Holt v. WilsonSupreme Court of Alabama · 1883
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