Legal Opinion

Wallace v. Nichols' Admr.

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 11 opinions

Appeal from the Chancery Court of Madison. Heard, before the Hon. B. S. Watkins. The bill in this case was filed on the 16th May, 1871, by Morris 3L Taylor, as the administrator de bonis non of the estate of Hughey Nichols, deceased, against James C. White, John S. Wallace, Thomas J. Humphrey, and John Bobinson; and sought to enforce a vendor’s lien on a certain tract of land, which had been sold by the complainant’s predecessor in the administration of said estate, under a…

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Appeal from the Chancery Court of Madison. Heard, before the Hon. B. S. Watkins. The bill in this case was filed on the 16th May, 1871, by Morris 3L Taylor, as the administrator de bonis non of the estate of Hughey Nichols, deceased, against James C. White, John S. Wallace, Thomas J. Humphrey, and John Bobinson; and sought to enforce a vendor’s lien on a certain tract of land, which had been sold by the complainant’s predecessor in the administration of said estate, under a decree of the Probate Court, and bought at that sale by said James C. White, who afterwards sold and conveyed different…

1Opinion of the CourtManning, J.

[After stating the facts as above] That there was a lien on the land for the payment of the part of the purchase-money for which the note or bond was given, is *324clear. The records of the court to which the deed made to White directed the purchasers from Mm for information in regard to his title, showed that one half of the price he bid for the land was unpaid; and to secure payment of this, the law, which they must be presumed to know, held the land bound. This they were certified of by evidence of the highest kind. How stood the land in relation to the unpaid balance of the amount of the…

2Cases cited2 opinions

  1. Corbitt v. ClennySupreme Court of Alabama · 1875
  2. Wood v. SullensSupreme Court of Alabama · 1870

3Cited by11 opinions

  1. Allison v. CrummeySupreme Court of Oklahoma · 1916
  2. May v. MarksSupreme Court of Alabama · 1883
  3. Brewer v. AtkeisonSupreme Court of Alabama · 1898
  4. Gardner v. KelsoSupreme Court of Alabama · 1886
  5. Northwestern Land Ass'n v. HarrisSupreme Court of Alabama · 1896

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