Shorter v. Frazer
Supreme Court of Alabama
Appeal from tbe Chancery Court of Lee. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 21st March, 1871, by Charles S. Shorter and others, children and heirs at law of James H. Shorter, deceased, against Addison Frazer and others; and sought to enforce a vendor’s lien on a certain tract of land, which was particularly described, for the payment of a note alleged to have been given for a part of the purchase-money.
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Appeal from tbe Chancery Court of Lee. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 21st March, 1871, by Charles S. Shorter and others, children and heirs at law of James H. Shorter, deceased, against Addison Frazer and others; and sought to enforce a vendor’s lien on a certain tract of land, which was particularly described, for the payment of a note alleged to have been given for a part of the purchase-money. The note, which was made an exhibit to the bill, signed by said Frazer, and dated Columbus, Georgia, February 2d, 1853, was in these words : “ On or…
1Opinion of the CourtBbickell, C. J.
There are three questions, arising upon this record — the first, whether the complainants (now appellants) can assert and maintain a lien on the lands in controversy, for the payment of the promissory note, given by the original vendee to their guardian, for the payment of the purchase-money; second, whether the claim for the enforcement of such lien is stale, according to the doctrine of a court of equity, or barred by the statute of limitations; third, are the defendants (now appellees) entitled to protection as bona fide purchasers, against such lien.
The sale and conveyance of the lands by…
2Cases cited15 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Bland v. BowieSupreme Court of Alabama · 1875
- Johnson v. ThweattSupreme Court of Alabama · 1851
- Greenleaf v. QueenSupreme Court of the United States · 1828
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3Cited by31 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Warren v. LiddellSupreme Court of Alabama · 1895
- Walker v. CrawfordSupreme Court of Alabama · 1881
- Touchstone v. PetersonSupreme Court of Alabama · 1983
- Randolph v. East Birmingham Land Co.Supreme Court of Alabama · 1893
26 more not listed; retrieve them via the Exa API.