Mizamore v. Berglin
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by John Berglin against Harry L. Mizamore to enforce a vendor’s lien, and for other purposes. Decree for complaint and respondent appeals. The bill in this case was filed by the appellee against the appellant and shows the following facts: The complainant is the owner of 320 acres of land described in the bill, and has owned the same for many years.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by John Berglin against Harry L. Mizamore to enforce a vendor’s lien, and for other purposes. Decree for complaint and respondent appeals. The bill in this case was filed by the appellee against the appellant and shows the following facts: The complainant is the owner of 320 acres of land described in the bill, and has owned the same for many years. The said land was formerly owned by one E. R. Schowalter, who died in 1889, leaving as his sole heirs three children, Volnay McR. Schowaiter, Percy R. Schowalter, and…
1Opinion of the Court
GARDNER, J.(1) The relationship of vendor and vendee has, so far as the question here involved is concerned, been likened unto that of landlord and tenant. As said by this court in Potts v. Coleman, 67 Ala. 225: “The vendee, though not strictly a tenant of the vendor, and though the technical relation of landlord and tenant is not created, is estopped from denying the title of the vendor, upon principle and reasoning like that which es-tops the tenant from disputing the title of the landlord; and the -estoppel applies to whoever may acquire possession from the *114vendee. — Jackson v. Harder, 4…
2Cases cited13 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Galloway v. FinleySupreme Court of the United States · 1838
- Kent v. DeanSupreme Court of Alabama · 1900
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Seabury v. Doe ex dem. StewartSupreme Court of Alabama · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McKinstry v. ThomasSupreme Court of Alabama · 1953
- Slocum v. PetersonWashington Supreme Court · 1924
- Butler v. WoodburnCalifornia Supreme Court · 1942
- Harrison v. SollieSupreme Court of Alabama · 1921
- Wingard v. RandallSupreme Court of Alabama · 1959
5 more not listed; retrieve them via the Exa API.