Cook v. Atkins
Supreme Court of Alabama
Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Fanny Atkins, against James A. Cook and., others, to enforce-a. vendor’s lien. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Cherokee Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Fanny Atkins, against James A. Cook and., others, to enforce-a. vendor’s lien. From a decree overruling demurrers to the bill, respondents appeal. Under the conveyance the lien of Atkins on the lands in controversy could be but a mere creation of equity. — Eester v. Eunnicutt, 104 Ala. 282; Sykes v. Betts, 87 Ala. 537. The unambiguous consideration recited in the deed is as between the parties prima facie correct. — Eall v. Love-man, 85 Ala. 284. The provisions in the note constituted a collateral security. —…
1Opinion of the Court
SAYRE. J.
The bill in this case is filed by appellee against the heirs at law of William C. Cook, deceased, and seeks the enforcement of an alleged vendor’s lien. The facts shown by the amended bill are as follows: In 1865, David Atkins sold and conveyed to William C. Cook a certain tract of land in Cherokee county. The purchase money was secured by a note in words and figures as follows: “$3,000. On or before the first day of January, 1866, I promise to pay to David Atkins, or order, three thousand dollars ($3,000.00) in gold, for certain parcels of land lying in Cherokee county, which T have…
2Cases cited12 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
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- Dooley v. VillalongaSupreme Court of Alabama · 1878
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3Cited by16 opinions
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