Hubbard v. Buck
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before the Hon. Wi. H. Tayloe. The facts of this case fully appear in the opinion of the Court. 1. The vendor’s lien is founded upon principles of good conscience which forbid that the purchaser should have and retain land for which he has not paid, but is a mere equitable presumption that may be rebutted, and may yield to other natural equities.
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Appeal from Mobile Chancery Court. Heard before the Hon. Wi. H. Tayloe. The facts of this case fully appear in the opinion of the Court. 1. The vendor’s lien is founded upon principles of good conscience which forbid that the purchaser should have and retain land for which he has not paid, but is a mere equitable presumption that may be rebutted, and may yield to other natural equities. Burgess v. Greene, 64 Ala. 509; Terry v. Keaton, 58 Ala. 667, 670. 2. The presumption of the reservation of the lien does not arise where it satisfactorily appears from the dealings and transactions that it…
1Opinion of the CourtColeman, J.
John E. Buck, filed tbe present bill to enforce a vendor’s lien upon certain land described in tbe bill of complaint. Jobn E. Buck, and William J. Buck, owned tbe lands in fee as tenants in. common and by deed absolute in its terms dated Nov. 17tb, 1890. John E. Buck, conveyed tbe land to bis co-tenant William J. Buck, and in tbe deed acknowledged payment of tbe consideration. On tbe 14tb of November, 1890, W. Otis McMabon and William J. Buck, copartners • doing business as McMabon & Buck, executed a mortgage upon tbe lands to appellants, Hubbard Bros., tbe consideration of tbe mortgage being…
2Cases cited5 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Carver v. EadsSupreme Court of Alabama · 1880
- Crampton v. PrinceSupreme Court of Alabama · 1887
- Jackson v. StanleySupreme Court of Alabama · 1888
- Kelly v. KarsnerSupreme Court of Alabama · 1886
3Cited by6 opinions
- In re V. & M. Lumber Co.District Court, N.D. Alabama · 1910
- Scheerer v. AgeeSupreme Court of Alabama · 1894
- Spears v. TaylorSupreme Court of Alabama · 1907
- Dixie Industrial Co. v. BensonSupreme Court of Alabama · 1918
- Walton v. YoungSupreme Court of Alabama · 1902
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