McDonald v. Elyton Land Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 19th February, 1881, by the Elyton Land Company, a private domestic corporation, against Mrs. C. A. McDonald and her husband, W. J. McDonald ; and sought to enforce a vendor’s lien on certain lots in the city of Birmingham, for purchase-money alleged to be due and unpaid.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 19th February, 1881, by the Elyton Land Company, a private domestic corporation, against Mrs. C. A. McDonald and her husband, W. J. McDonald ; and sought to enforce a vendor’s lien on certain lots in the city of Birmingham, for purchase-money alleged to be due and unpaid. The defendants, after obtaining a conveyance of the property, had executed a mortgage on it to the Mobile Life Insurance Company, another domestic corporation, to secure a debt for money loaned; and said…
1Opinion of the CourtClopton, J.
A vendor of land, who gives a bond conditioned to make title on payment of the purchase-money, reserves for himself a security, by the retention of the legal title. He retains a title- — a right in and to the land — on which he can maintain an action to recover possession. If the vendee desires to obtain a conveyance, his only remedy is a resort to equity for a specific performance. In such cases, he must aver and prove payment of the purchase-money, — the performance of all the terms of the contract, to be performed on his part. Bankhead v. Owen, 60 Ala. 457.
When Mrs. McDonald purchased the…
2Cases cited8 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Harris v. HanieSupreme Court of Arkansas · 1881
- Rose v. GibsonSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Whiteley v. Central Trust Co. of New YorkCourt of Appeals for the Sixth Circuit · 1896
- Piedmont Land Improvement Co. v. Piedmont Foundry & Machine Co.Supreme Court of Alabama · 1892
- Bridgeport Land & Improvement Co. v. American Fire-proof Steel Car Co.Supreme Court of Alabama · 1891
- Franke v. RiggsSupreme Court of Alabama · 1890
- Parrish v. HastingsSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.