Park v. Wiley
Supreme Court of Alabama
Bill in Equity to Enforce Vendor’s Lien on Land,. Appeal from Pike Chancery Court. Heard before Hon. H. Atjstill. This was a bill in chancery, filed on the 17th day of April, 1880, by Glenn Park and others, as the heirs at law of E. H. Park, deceased, against Henry C. Wiley to enforce a vendor’s lien on certain lands therein described.
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Bill in Equity to Enforce Vendor’s Lien on Land,. Appeal from Pike Chancery Court. Heard before Hon. H. Atjstill. This was a bill in chancery, filed on the 17th day of April, 1880, by Glenn Park and others, as the heirs at law of E. H. Park, deceased, against Henry C. Wiley to enforce a vendor’s lien on certain lands therein described. The bill alleged that on the first day of March, 1869, said E. H. Park sold said land to Henry G. Wiley, who, in consideration of such purchase, executed bis promissory note for $400; that no deed had been made to the defendant, but that said Park had given his…
1Opinion of the CourtBbickell, C. J.
— As the case is now presented, there is but a single question for decision; the liability of the appellee for interest on the note given by him for the purchase-money of the lands. It is claimed that he is absolved from liability, because at the maturity of the note he made a tender of the amount due to the payee of the note, the ancestor of appellants, and that the money was in fact received, and returned to him under an agreement that he should retain it without interest, until it was ascertained whether there was an incumbrance on the premises, which must be removed before a good title…
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