Hodges v. Winston
Supreme Court of Alabama
Appeals from the Chancery Court of Marshall. Heard before the Hon. S. K. McSpadden. The record in these cases shows these facts : On the 30th January, 1890, John G. Winston filed a bill in equity in said court against Edward Winston, who was his son. seeking to enforce a vendor’s lien on a tract of land for purchase-money alleged to be unpaid.
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Appeals from the Chancery Court of Marshall. Heard before the Hon. S. K. McSpadden. The record in these cases shows these facts : On the 30th January, 1890, John G. Winston filed a bill in equity in said court against Edward Winston, who was his son. seeking to enforce a vendor’s lien on a tract of land for purchase-money alleged to be unpaid. The tract of land, which contained about 400 acres, was sold and conveyed by said Winston to his son, on the 26th May, 1874. at the price of $3,240, of which amount $1,980.34 was paid in cash, and the purchaser assumed to pay the balance to certain…
1Opinion of the CourtMcCLELLAN, J.
— These cases were tried as one in the court below, and are so submitted and will be considered here.
“The rule as to proof of bona ficle purchase is, that the party pleading it must first make satisfactory proof of purchase and payment. This is affirmative, defensive matter in the nature of confession and avoidance, and the burden of proving it rests on him who asserts it. Ei incwmbit probatio qui dicit. This done, he need not go further, and prove he made such purchase and payment without notice. The burden here shifts, and if it be desired to avoid the effect of such purchase and payment,…
2Cases cited5 opinions
- Craft v. RussellSupreme Court of Alabama · 1880
- Fassett v. . SmithNew York Court of Appeals · 1861
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- Barton v. BartonSupreme Court of Alabama · 1883
- Suiter v. TurnerSupreme Court of Iowa · 1860
3Cited by16 opinions
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- Lamar v. Lincoln Reserve Life Ins. Co.Supreme Court of Alabama · 1930
- Hatter v. QuinaSupreme Court of Alabama · 1927
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- Donahoo Horse & Mule Co. v. DurickSupreme Court of Alabama · 1915
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