Woodall v. Kelly & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Dale. Heard before the Hon. John A. Foster. The bill in this case was filed in March, 1887, by the partners composing the late firm of G. W. Kelly & Co., against W. W. Woodall, J. S. Woodall, F. B. Woodall, L. T. Woodall, C. Y. Atkinson, and J. E. Windham; and sought to enforce a vendor’s lien on a tract of land, for a part of the purchase-money alleged to be unpaid.
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Appeal from the Chancery Court of Dale. Heard before the Hon. John A. Foster. The bill in this case was filed in March, 1887, by the partners composing the late firm of G. W. Kelly & Co., against W. W. Woodall, J. S. Woodall, F. B. Woodall, L. T. Woodall, C. Y. Atkinson, and J. E. Windham; and sought to enforce a vendor’s lien on a tract of land, for a part of the purchase-money alleged to be unpaid. The complainants’ debt was evidenced by a promissory note for $525, which was signed by all of the defendants except L. T. Woodall, as joint makers, was dated October 16th, 1882, payable on…
1Opinion of the Court
SOMERVILLE, J.-
1. When the purchaser of land assumes, as part or whole of the purchase-money, a debt which his vendor owes to a third person, and gives his promissory note, payable to such third person, by mutual agreement of all parties concerned, the note continues to be a charge on the land as a vendor’s lien for unpaid purchase-money; and, unless waived, such lien may be enforced by the promisee by bill in equity for his own benefit. — Carver v. Eads, 65 Ala. 190; Buford v. McCormick, 57 Ala. 428; Terry v. Keaton, 58 Ala. 667; Latham v. Staples, 47 Ala. 462. The consideration which…
2Cases cited23 opinions
- Cordova v. HoodSupreme Court of the United States · 1873
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Carver v. EadsSupreme Court of Alabama · 1880
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Pitts v. PowledgeSupreme Court of Alabama · 1876
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