May v. Wilkinson
Supreme Court of Alabama
Appeal from the Chancery Court of Butler: Heard before the lion. John A. Foster. The bill in this ease was filed on the 3d February, 1881, by Mrs. Eliza A. May, the widow of Seth S. May, deceased, against W. W. Wilkinson ; and sought to enforce against him, as a sub-purchaser with notice, an alleged vendor’s lien on a house and lot in Greenville, which the complainant and her said husband sold, on the 2d May, 1868, to William Miller and James M. Withers, and conveyed by…
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Appeal from the Chancery Court of Butler: Heard before the lion. John A. Foster. The bill in this ease was filed on the 3d February, 1881, by Mrs. Eliza A. May, the widow of Seth S. May, deceased, against W. W. Wilkinson ; and sought to enforce against him, as a sub-purchaser with notice, an alleged vendor’s lien on a house and lot in Greenville, which the complainant and her said husband sold, on the 2d May, 1868, to William Miller and James M. Withers, and conveyed by deed, with warranty of title, to B. F. Porter as trustee for their benefit. The agreed price of the house and lot was…
1Opinion of the CourtSomebyille, J.
— The purpose of the present bill is to enforce a vendor’s lien on a certain lot or parcel of land in the town of Greenville. There are two defenses which are urged by the defendant, Wilkinson. The first is, that the purchase-money, for the security of which the alleged vendor’s lien is claimed, has been paid. The second is, that the defendant is a bona fide purchaser of the lot in controversy, without notice of such lien. The chancellor in his decree dismissed the bill, basing his conclusion upon the second of the above mentioned grounds of defense.
It is urged, however, by the appellant in…
2Cases cited2 opinions
- Craft v. RussellSupreme Court of Alabama · 1880
- Hooper v. StrahanSupreme Court of Alabama · 1881
3Cited by10 opinions
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Webb v. Elyton Land Co.Supreme Court of Alabama · 1894
- McKee v. WestSupreme Court of Alabama · 1904
- Overall v. TaylorSupreme Court of Alabama · 1892
- Liddell & Co. v. CarsonSupreme Court of Alabama · 1898
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