Hood v. Hammond
Supreme Court of Alabama
Appeal from, the Chancery Court of Etowah. Heard before the Hon. J. R. Dowdell. The bill in this case was filed by the -appellee, J. I). Ilmmnond, on May 8, 1896, against the appellant, Oscar R.- Hood, as -administrator of the estate of J. ¡8. Stewart and others, to enforce a vendor’s lien upon certain lands described in the-bill. • .....
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Appeal from, the Chancery Court of Etowah. Heard before the Hon. J. R. Dowdell. The bill in this case was filed by the -appellee, J. I). Ilmmnond, on May 8, 1896, against the appellant, Oscar R.- Hood, as -administrator of the estate of J. ¡8. Stewart and others, to enforce a vendor’s lien upon certain lands described in the-bill. • ..... Stripped of all matters not involved in the litigation between the parties to this appeal, the case presented 'is as follows: On the 1st of April, 1887, -complainant, Hammond, wa-s the owner of certain interest in lands described in the bill, which, on that…
1Opinion of the CourtHaralson, J.
1. The defendant admits in his brief that complainant is entitled to a vendor’s lien, to secure the original purchase money notes; but he contends that he waived this, lien in accepting the $3,000 note of Henley and associates as collateral security to said original notes. Whether this contention is correct or not must depend on the intention of the parties in the transaction between them.
“A specific intention to reserve a vendor’s lien, at the time the contract is made, is not necessary to its existence; it arises by implication, as an incident to the contract, unless there is -satisfactory…
2Cases cited15 opinions
- Carver v. EadsSupreme Court of Alabama · 1880
- Ware v. CurrySupreme Court of Alabama · 1880
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Wilkinson v. MaySupreme Court of Alabama · 1881
- Calhoun v. FletcherSupreme Court of Alabama · 1879
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3Cited by15 opinions
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Cook v. AtkinsSupreme Court of Alabama · 1911
- Planters' Warehouse & Commission Co. v. BarnesSupreme Court of Alabama · 1934
- McKenzie v. MatthewsSupreme Court of Alabama · 1907
- Beall v. FolmarSupreme Court of Alabama · 1917
10 more not listed; retrieve them via the Exa API.