Bibb v. Snodgrass
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. ' Heard before Hon. T. M. Arrington. Bill in equity by B. B. Snodgrass against Susie P. Bibb to enforce a vendor’s lien on land. cited Keel v. Larkin, 72 Ala. 493; Day v. Thompson, 65 Ala. 269; 37 Am. Dec., 441; 85 IK, 338 ; 75 17;., 756; Whitley v. Dunham ■ Lumber Oo.. 89 Ala. 493; Loiurey v..
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Appeal from tbe City Court of Montgomery. ' Heard before Hon. T. M. Arrington. Bill in equity by B. B. Snodgrass against Susie P. Bibb to enforce a vendor’s lien on land. cited Keel v. Larkin, 72 Ala. 493; Day v. Thompson, 65 Ala. 269; 37 Am. Dec., 441; 85 IK, 338 ; 75 17;., 756; Whitley v. Dunham ■ Lumber Oo.. 89 Ala. 493; Loiurey v.. Murrell, 2 Port., 280. contended that in tbe absence of an agreement, a check was only a conditional payment, citing 2 Benj., § 1083; I?;, p. 944; 2 Dan. Neg. Inst., § 1063; Me Williav'is v. Phillips, 71 Ala. 82 ; 9 L. B. A. 263 ; 7 77;., 442 ; 3 Am. & Eng.…
1Opinion of the CourtMoCLELLAN, J.
— The only question in this case is one of fact, namely, whether complainant received the check of respondent for $2,000, on Moses Bros, in payment pro tanto of the purchase money for the house and íot described in the bill, or merely as a means of payment through its presentation to said Moses Bros, for that purpose. It is conceded that the sale was a cash transaction. It is not controverted that the vendor has never received in cash $2,000 of the price agreed to be paid. Dr. Bibb, the husband of the respondent and who, as her agent, made the purchase, testifies that this check was to be…
2Cases cited3 opinions
- McWilliams v. PhillipsSupreme Court of Alabama · 1881
- Lehman Bros. v. McQueenSupreme Court of Alabama · 1880
- Whitley & Trimble v. Dumham Lumber Co.Supreme Court of Alabama · 1889
3Cited by4 opinions
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- Ross v. State Life Ins. Co.Supreme Court of Alabama · 1932
- Jefferson Motors Co. v. WilliamsSupreme Court of Alabama · 1933
- First National Bank of Birmingham v. NagelSupreme Court of Alabama · 1933