Burkett v. Munford
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 3d February, 18 SO, by Edward W. Munford, against Thomas M. Burkett and T. P. Moore; and sought to enforce a vendor’s lien on a tract of land, for the balance of purchase-money due and unpaid.
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed on the 3d February, 18 SO, by Edward W. Munford, against Thomas M. Burkett and T. P. Moore; and sought to enforce a vendor’s lien on a tract of land, for the balance of purchase-money due and unpaid. The land contained 356.14 acres, and was sold by said Munford to the defendants, at the price of $3,561.40, by contract entered into on the 29th January, 1876; executing to them his bond for tide, which, after describing the land, and stating the. stipulations as to the payment…
1Opinion of the CourtBrickell, C. J.
It has been adjudged in this court, that when a vendor of lands executes a bond to make title generally, and the vendee gives his note or notes for the purchase-money, payable on a day certain, in a bill to enforce the lien for the payment of the purchase-money, it is not necessary the vendor should aver that he has offered, or his readiness and willingness *427to make title. The payment of the purchase-money is not dependent on the making of title; until it is paid, there is no duty resting on the vendor, of 'which the vendee can demand performance. The principle is one of general and frequent…
2Cases cited14 opinions
- Long v. BrownSupreme Court of Alabama · 1843
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Read v. WalkerSupreme Court of Alabama · 1850
- Chapman v. ChunnSupreme Court of Alabama · 1843
- McLemore v. MabsonSupreme Court of Alabama · 1852
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3Cited by8 opinions
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Nicolopoolos v. HillSupreme Court of Alabama · 1928
- Linn v. McLeanSupreme Court of Alabama · 1885
- Coleman v. First National BankSupreme Court of Alabama · 1896
- Fields v. ClaytonSupreme Court of Alabama · 1897
3 more not listed; retrieve them via the Exa API.