Sims v. National Commercial Bank
Supreme Court of Alabama
Appeal from Sumter Chancery Court. Heard before Hon. Ttiomas Cobbs. The bill in this cause was filed on 16th October, 1882, by the National Commercial Bank, a corporation under the laws of the United States, against Walter A. Sims, Thomas W. Sims and Virginia P. Sims, his wife, and Harriet S. Bizzell and William B. Bizzell, her husband; and the case made thereby is substantially as follows: On 8th June, 1880, Thomas W. Sims sold on a credit, and conveyed to Walter A. Sims a…
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Appeal from Sumter Chancery Court. Heard before Hon. Ttiomas Cobbs. The bill in this cause was filed on 16th October, 1882, by the National Commercial Bank, a corporation under the laws of the United States, against Walter A. Sims, Thomas W. Sims and Virginia P. Sims, his wife, and Harriet S. Bizzell and William B. Bizzell, her husband; and the case made thereby is substantially as follows: On 8th June, 1880, Thomas W. Sims sold on a credit, and conveyed to Walter A. Sims a tract of land in Sumter county, for §4500, payable in three equal installments, and evidenced by the latter’s three…
1Opinion of the CourtSomeryille, J.
— The case is here on appeal from an interlocutory decree of the chancellor overruling a demurrer to the bill, which is tiled for tlie enforcement of a vendor’s lien for-the unpaid purchase-money due on a tract of land.
It has been decided by this court too often for further discussion, that no special agreement, or even specific intention is required to create a vendor’s lien.'- It arises by mere operation of law, as an incident of every contract for the sale of land, unless it has been waived, expressly or by implication. The demurrer of appellants erroneously assumed the contrary of this…
2Cases cited8 opinions
- Baker v. ScottIllinois Supreme Court · 1871
- Carver v. EadsSupreme Court of Alabama · 1880
- Pitts v. PowledgeSupreme Court of Alabama · 1876
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
- Montgomery v. ElliottSupreme Court of Alabama · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Gassenheimer v. Western RailwaySupreme Court of Alabama · 1912
- Crampton v. PrinceSupreme Court of Alabama · 1887
- Hood v. HammondSupreme Court of Alabama · 1900
- Bynum v. FrederickSupreme Court of Alabama · 1886
6 more not listed; retrieve them via the Exa API.