Walker v. Struve
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Elon. II. C. Speake, as special referee, under the act approved February 23d, 1881. — Sess. Acts 1880-81, p. 66. The bill in this case was filed, on the 10th April, 1879, by L. P. Walker, as the executor of the last wTill and testament of Elizabeth Cary, deceased, against Mrs. Mary C. Struve and her husband (William F. Struve), Mrs. Jane ÍT.
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Appeal from the Chancery Court of Madison. Heard before the Elon. II. C. Speake, as special referee, under the act approved February 23d, 1881. — Sess. Acts 1880-81, p. 66. The bill in this case was filed, on the 10th April, 1879, by L. P. Walker, as the executor of the last wTill and testament of Elizabeth Cary, deceased, against Mrs. Mary C. Struve and her husband (William F. Struve), Mrs. Jane ÍT. Childs, John M. Crowder, and William P. Newman; and sought to enforce an alleged vendor’s lien for the unpaid purchase-money of a house and lot in Huntsville, which Mrs. Struve purchased from…
1Opinion of the CourtSomerville, J.
The main point involved in this case raises the question as to what facts constitute a waiver of a vendor’s lien.
Crowder and Newman sold certain real estate in the city of Huntsville to Mary C. Struve, one of the appellees, executing therefor a bond for title. The consideration on the part of the vendee was the payment of an incumbrance already existing on the land, in the form of a mortgage in favor of one Jaue Hamilton Childs, for nearly $1,600, and two notes executed by J. I. Donegan, payable to her, the said vendee, who duly transferred them by assignment to appellant’s testatrix. The…
2Cases cited1 opinion
- Walker v. CarrollSupreme Court of Alabama · 1880
3Cited by11 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- McKeown v. CollinsSupreme Court of Florida · 1896
- Kelly v. Life Insurance Clearing Co.Supreme Court of Alabama · 1896
- Whiteley v. Central Trust Co. of New YorkCourt of Appeals for the Sixth Circuit · 1896
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