Legal Opinion

Reagan v. Reagan

Supreme Court of Alabama

Decided November 25, 1920No. 5 Div. 763Published

Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Bill by Lena Reagan against J. L. Reagan to enforce a vendor’s lien. Decree for complainant, and respondent appeals.

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Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Bill by Lena Reagan against J. L. Reagan to enforce a vendor’s lien. Decree for complainant, and respondent appeals. The allegations of the bill are that the complainant was the owner of certain lands, and that she gave Onslow Reagan power of attorney to sell said lands, that he sold the same to J. L. Reagan for the sum of $1,736, executed deed to him, and put him in possession of the same and in payment thereof J. L. Reagan executed to Onslow Reagan, agent, seven promissory notes, due respectively November 15, 1911, 1912,…

1Opinion of the CourtAnderson, C. J.

The main contention of the appellant in this case is that the recital in the deed from the appellee, by her attorney in fact, to the appellant J. L. Reagan, to wit, “Paid by giving seven notes due .November 15, 1911, and each year thereafter” operated as a waiver of the vendor’s lien upon the theory that it shows a novation, that is, that the notes were not given as evidence of or security for the debt, but as a substitute, under the authority of Walton v. Young, 132 Ala. 150, 31 South. 448. This recital was, at most, an acknowledgment of the payment or satisfaction of the purchase price of…

2Cases cited4 opinions

  1. Bankhead v. OwenSupreme Court of Alabama · 1877
  2. Wilkinson v. MaySupreme Court of Alabama · 1881
  3. Cook v. AtkinsSupreme Court of Alabama · 1911
  4. Walton v. YoungSupreme Court of Alabama · 1902

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