Nunn v. Norris
Supreme Court of Alabama
Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. The appellees, Sarah Norris and others, heirs at law and distributees of James Moss, deceased, filed this bill against Lamar, administrator of Moss, and Nunn and others, seeking, among other things, to enforce a vendor’s lien on certain lands which the administrator had sold and conveyed to Nunn, The case was as follows: Lamar obtained an order of the probate court to sell the lands for one third -cash, and…
Read the full summary
Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. The appellees, Sarah Norris and others, heirs at law and distributees of James Moss, deceased, filed this bill against Lamar, administrator of Moss, and Nunn and others, seeking, among other things, to enforce a vendor’s lien on certain lands which the administrator had sold and conveyed to Nunn, The case was as follows: Lamar obtained an order of the probate court to sell the lands for one third -cash, and the balance to be paid in one and two years, for the purpose of effecting a division. He advertised and sold the lands,…
1Opinion of the CourtBrickell, C. J.
We may concede that Lamar’s acceptance of bis own debt, in part payment of the purchase money of the lands, was unauthorized; and that it rested in the election of the appellees, either to treat it as a payment, and hold him liable for it, or, to disregard it, and hold Nunn liable for an amount of the purchase money, equal to the debt. It may be conceded further, that if they elected to disregard it as a payment, the appellees would have had a lien on the lands for an amount of the purchase money equal to it, which a court of equity would have enforced. The appellees were thus clothed with…
2Cases cited3 opinions
- Butler v. O'BrienSupreme Court of Alabama · 1843
- Pickens v. YarboroughSupreme Court of Alabama · 1857
- Williamson's Adm'r v. RossSupreme Court of Alabama · 1859
3Cited by2 opinions
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1891
- Modawell v. HudsonSupreme Court of Alabama · 1885