Gordon & Stokes v. Bell
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCraw. The bill in this case was filled by. Gordon & Stokes, the appellants, against M. A. Bell and W. C. Oates, on the 30th October, 1871; and sought to enforce a vendor’s lien for the unpaid purchase-money of lands. The chancellor dismissed the bill, on final hearing, on pleadings and proof; and his decree is here assigned as error.
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Appeal from the Chancery Court of Henry. Heard before the Hon. B. B. McCraw. The bill in this case was filled by. Gordon & Stokes, the appellants, against M. A. Bell and W. C. Oates, on the 30th October, 1871; and sought to enforce a vendor’s lien for the unpaid purchase-money of lands. The chancellor dismissed the bill, on final hearing, on pleadings and proof; and his decree is here assigned as error. The facts of the case were thus stated by the Chief Justice : — “ Peters, C. J. — The facts stated in the bill, and appearing in the answer and proofs, are about these : In 1869, J. A.…
1Opinion of the CourtPeters, C. J.
The purchaser of lands in this State, if the same are not paid for at the sale, holds them in trust for the vendor, until the purchase-money is paid; unless it is otherwise agreed between the parties at the time of the purchase. This is called the vendor’s lien. Napier v. Jones, 47 Ala. 90; Campbell v. Roach, 45 Ala. 666; Woods v. Sullens, 44 Ala. 686; Latham v. Staples, 46 Ala. 462. All persons who deal with lands so situated, with notice of this lien, are affected by it; and this lien, with notice of its existence, will prevail over any subsequent title acquired to the same lands, except by…
2Cases cited18 opinions
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