Barclift v. Lillie
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the láth June. 1886, by John B. Lillie, against Willis A. Barclift, B. M. Carter, and J. B. Bamsey; and sought to enforce a vendor’s lien on a tract of land, which the complainant had sold to said Carter, who afterwards sold to one Price, who sold to Barclift, who sold and conveyed to Bamsey.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the láth June. 1886, by John B. Lillie, against Willis A. Barclift, B. M. Carter, and J. B. Bamsey; and sought to enforce a vendor’s lien on a tract of land, which the complainant had sold to said Carter, who afterwards sold to one Price, who sold to Barclift, who sold and conveyed to Bamsey. The complainant had no title to the land at the time he sold to Carter, having bought from one Harris, as trustee in a deed of trust for the benefit of creditors, but received no conveyance;…
1Opinion of the CourtStone, C. J.
— Waiving, for the present, the inquiry, whether the fact that Barclift holds by a quit-claim title varies the question, the objection that his defense of bona fide purchase without notice is not well pleaded, must be overruled. It is, in every respect, very full; in fact, fuller and more specific than the rule requires.— Craft v. Russell, 67 Ala. 9. The testimony fully supports the averments of the answer.
Does the fact that, in his purchase, he accepted a deed that is only a quit-claim, deny to him the right to invoke this defense? Many authorities hold that a purchaser, whose only title is…
2Cases cited12 opinions
- May v. Le ClaireSupreme Court of the United States · 1871
- Craft v. RussellSupreme Court of Alabama · 1880
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Chapman v. SimsMississippi Supreme Court · 1876
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3Cited by5 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Betts v. WardSupreme Court of Alabama · 1916
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- Rucker v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1912
- Townley v. Corona Coal & Iron Co.Supreme Court of Alabama · 1917