Roach v. McDonald
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by R. P. Roacb against John T. McDonald, based on notes given for commission. Judgment for defendant and plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by R. P. Roacb against John T. McDonald, based on notes given for commission. Judgment for defendant and plaintiff appeals. Tbe purchase of tbe property upon wbicb tbe lien existed puaid and satisfied tbe debt secured thereby to tbe extent of tbe purchase money.— Harris v. Miller, 71 Ala. 33; Adams v. Sayre, 76 Ala. 520; 2 Jones on Mortgages, 953. When McDonald used Marsh & Gamble’s interest in the debt to purchase tbe property, they had a right to look to McDonald personally for the payment of the debt so…
1Per curiam
John T. McDonald, through his real estate agent, Samuel P. Marsh, made a sale of certain lands in Mobile county to Arthur M. Gable. The deed which was delivered by McDonald to Gable reserved a vendor’s lien upon the property for the payment of $21,250, balance of the purchase money of the land, and provided that, if the notes which were given by Gable for the purchase money were not paid at maturity, then that McDonald should have the right to sell the land at public sale, and that the proceeds obtained for the lands at such public sale should be applied:
“First, to the costs of the sale, and…
2Cited by10 opinions
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1929
- Dallas Dome Wyoming Oil Fields Co. v. BrooderWyoming Supreme Court · 1939
- Langford v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1935
- Shepherd v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1937
- Harris v. WheelerCourt of Appeals of Texas · 1923
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