Campbell v. Roach
Supreme Court of Alabama
Appeal from Chancery Court of Choctaw. Heard before Hon. John Q. Loomis. The facts appear in the opinion. [Appellant’s brief did not come into Reporter’s hands.] The question whether a vendor must, as a condition precedent to the enforcement of his lien, exhaust his remedy, is res adjudicóla in this State.
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Appeal from Chancery Court of Choctaw. Heard before Hon. John Q. Loomis. The facts appear in the opinion. [Appellant’s brief did not come into Reporter’s hands.] The question whether a vendor must, as a condition precedent to the enforcement of his lien, exhaust his remedy, is res adjudicóla in this State. In Owen v. Moore & Dobbins, 14 Ala. 647, the following language is employed in reference to a case where there was a conveyance, and where the note for the purchase-money was transferred by delivery : “It will abundantly appear from the citations we have made, that it is not a pre-requisite…
1Opinion of the CourtB. F. Saffold, J.
The decree appealed from enforces a vendor’s lien upon land in favor of the appellees against the appellants. The facts which may be considered as established by the evidence in support of the decree, are as follows : W. C. Winston and his sister, Mrs. Rosina Tankersley, being joint owners of a tract of land obtained by purchase from Gaines, agreed to sell it. In pursuance *669of this agreement, Winston sold it to J. C. Coleman, with a considerable quantity of personal property owned by him individually.
The sale of all the property was under one contract, but the items were valued separately, the…
2Cases cited6 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
- Conner v. BanksSupreme Court of Alabama · 1850
- Johnson v. ToulminSupreme Court of Alabama · 1850
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- White v. StoverSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Truss v. MillerSupreme Court of Alabama · 1897