Knight v. Knight
Supreme Court of Alabama
Bill in Equity to enforce a Vendor’s Iden. Appeal from the Chancery Court of Lowndes. The bill in this case, as amended, was filed by the appellees, A. R. Knight and Amanda W. Knight, (the latter being of unsound mind and suing by her next friend), to enforce a vendor’s lien on certain lands owned by the appellants, C. W. 'Knight and Nancy McQueen.
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Bill in Equity to enforce a Vendor’s Iden. Appeal from the Chancery Court of Lowndes. The bill in this case, as amended, was filed by the appellees, A. R. Knight and Amanda W. Knight, (the latter being of unsound mind and suing by her next friend), to enforce a vendor’s lien on certain lands owned by the appellants, C. W. 'Knight and Nancy McQueen. The averments of the amended bill show that one J. A. Knight sold and conveyed certain lands to C. W. Knight, and for a part of the purchase price he took the note of C. W. Knight, which recited that it was given for the balance due of the purchase…
1Opinion of the CourtMoCLELLAN, J.
On the averments of the bill a vendor’s lien existed in favor of John A. Knight on the land sold and conveyed by him to O. W. Knight for the purchase money thereof. It was in nowise necessary that a lien should have been reserved : it arose from the sale on credit and conveyance of the land, and it is quite an error to suppose that the taking of the promissory note of the purchaser for the amount of the purchase money, no other security therefor being taken, was a waiver of the lien.
It was not incumbent on the complainants to aver that the respondent, Nancy McQueen, when she purchased a part…
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