Legal Opinion

Waller v. Janney

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 3 opinions

Appeal from Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellant, as administrator de bonis non of Lucy B. Micou, deceased ; and sought to fasten a lien, in the nature of a vendor’s lien, on certain property held by the defendants, Janney & Cheney, as trustees of the late firm of Moses Brothers. H. C. Semple held the legal title to certain property.

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Appeal from Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellant, as administrator de bonis non of Lucy B. Micou, deceased ; and sought to fasten a lien, in the nature of a vendor’s lien, on certain property held by the defendants, Janney & Cheney, as trustees of the late firm of Moses Brothers. H. C. Semple held the legal title to certain property. He had no personal interest in it whatever, beyond his charges as trustee. All of which was known to Moses Brothers. The sum of $4,250 was charged on this property in favor of Lucy…

1Opinion of the CourtStone, C. J.

Under any phase of the testimony in this case, the Moses Brothers owe $3,950 of the purchase money of the property sought to be condemned in this *445suit, with interest from 21st day of March, 1879. That money was due and owing to Miss Lucy B. Micou, complainant’s intestate. The so called payment was in fact no payment, as has been determined by the decree and judgment of this court in a suit at her instance against the Moses Brothers. For this unpaid purchase money there is a lien in the nature of a vendor’s lien on said property, and the complainant is entitled to the relief prayed for. —…

2Cases cited2 opinions

  1. Carver v. EadsSupreme Court of Alabama · 1880
  2. Woodall v. Kelly & Co.Supreme Court of Alabama · 1888

3Cited by3 opinions

  1. Moss v. SperrySupreme Court of Florida · 1939
  2. Oglebay v. ToddIndiana Supreme Court · 1905
  3. Zirkle v. HendonSupreme Court of Alabama · 1913

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