Fowler v. Faulkner
Supreme Court of Alabama
Appeal from Cleburne Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. W. Falkner against W. J. Fowler and others to enforce a vendor’s lien, and for general relief. From a decree overruling demurrers to the bill, respondents appeal. The allegations of the bill are: That on March, 1914, complainant sold the land to Fowler for the sum of $3,150, of which $1,042 was paid in cash, and executed and delivered to Fowler a warranty deed.
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Appeal from Cleburne Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. W. Falkner against W. J. Fowler and others to enforce a vendor’s lien, and for general relief. From a decree overruling demurrers to the bill, respondents appeal. The allegations of the bill are: That on March, 1914, complainant sold the land to Fowler for the sum of $3,150, of which $1,042 was paid in cash, and executed and delivered to Fowler a warranty deed. That at the time of said sale Fowler stated and represented to complainant that he held and was the owner of the following described promissory or title…
1Opinion of the CourtMayfield, J.
— The bill is to enforce a vendor’s lien on lands sold and conveyed, and is between the original parties to the sale. It alleges a sale and conveyance of the legal title, and attempts to show that the purchase price has not been paid by alleging that on account of fraudulent representations on the part of the vendee the vendor was induced to accept notes on third parties as a part of the purchase price; that the notes so agreed to be accepted were not of the value represented to be, but were of much less value, and were known to be so by the vendee when he made the fraudulent representations…
2Cases cited3 opinions
- Buford v. McCormickSupreme Court of Alabama · 1876
- Tobey v. McAllisterWisconsin Supreme Court · 1859
- Latham v. StaplesSupreme Court of Alabama · 1871
3Cited by2 opinions
- DeVenney v. HillSupreme Court of Alabama · 2005
- Faulkner v. FowlerSupreme Court of Alabama · 1918