Dickerson v. Carroll
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 21st December, 1882, by Mrs. Sarah F. Dickerson, against William H. Carroll; and sought to enforce a vendor’s lien on a house and lot in Green-ville, which the complainant had sold and conveyed to said Carroll. The contract was made, and the conveyance executed, on the 10th May, 1880 ; and Carroll was put in possession of the property.
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Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 21st December, 1882, by Mrs. Sarah F. Dickerson, against William H. Carroll; and sought to enforce a vendor’s lien on a house and lot in Green-ville, which the complainant had sold and conveyed to said Carroll. The contract was made, and the conveyance executed, on the 10th May, 1880 ; and Carroll was put in possession of the property. The agreed price was $500, which was to be paid in cash, but was in fact never paid ; and no note or security was taken for it. The conveyance…
1Opinion of the Court
STONE, O. J.
— In Preston v. McMillan, 58 Ala. 84, we construed section 2200 of the Code of 1876, and held that, as against trusts, whether implied by law, or declared by the parties, creditors were placed on the same footing as purchasers for a valuable consideration without notice. We held further, that, to come within this principle, the creditor must have reduced his claim to a judgment, and established a hén by placing execution in the hands of the sheriff, — all before notice of the equity. We conceded this was an innovation on the law, as existing before that statute was enacted. We…
2Cases cited9 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Siemon v. . SchurckNew York Court of Appeals · 1864
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
- Walker v. ElledgeSupreme Court of Alabama · 1880
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3Cited by7 opinions
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- Troy v. Walter Bros.Supreme Court of Alabama · 1888
- Toenes v. MoogSupreme Court of Alabama · 1885
- Carter Bros. v. ChallenSupreme Court of Alabama · 1887
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