Beall v. Folmar
Supreme Court of Alabama
Appeal from Crenshaw Chancery Court. Heard before Hon. O. S. Lewis. Bill by Geo. A. Folmar against J. H. Beall and others to enforce a vendor’s lien. Decree for complainant, and respondents appeal. The allegations of the bill, briefly, are; That J. W. Beall, in April, 1894, was the owner of certain real estate in the town of Luverne, consisting of two storehouses- and lots.
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Appeal from Crenshaw Chancery Court. Heard before Hon. O. S. Lewis. Bill by Geo. A. Folmar against J. H. Beall and others to enforce a vendor’s lien. Decree for complainant, and respondents appeal. The allegations of the bill, briefly, are; That J. W. Beall, in April, 1894, was the owner of certain real estate in the town of Luverne, consisting of two storehouses- and lots. That at that time said Beall was a member of the firm of Beall & Coston, and conveyed by warranty deed to Beall & Coston the above-described property, and other property, and that Beall & Coston executed a note payable…
1Opinion of the CourtMcCLELLAN, J.
(l, 2) The original bill, and as it was several times amended, seeks the enforcement of a vendor’s lien upon two lots in Luverne. The purchase price of the lots was $7,500. A note therefor was given by the vendees on April 27, 1894. This note matured and was payable on the 1st day of November, 1894. The original bill was filed October 8, 1914; 28 days before the expiration of 20 years after the maturity of the note. It is settled in this jurisdiction that the equitable remedy to enforce a vendor’s lien is-not stale, is not barred by lapse of time until the expiration of 20 years after the…
2Cases cited8 opinions
- Roach v. CoxSupreme Court of Alabama · 1909
- Ware v. CurrySupreme Court of Alabama · 1880
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Beard v. RyanSupreme Court of Alabama · 1884
- Tayloe v. DuggerSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Planters' Warehouse & Commission Co. v. BarnesSupreme Court of Alabama · 1934
- Tucker v. ColeSupreme Court of Florida · 1941
- Lindsey v. ThorntonSupreme Court of Alabama · 1937
- Stone Container Corporation v. StaplerSupreme Court of Alabama · 1955
- Harrison v. SollieSupreme Court of Alabama · 1921
5 more not listed; retrieve them via the Exa API.