Foster v. Trustees of the Athenæum
Supreme Court of Alabama
Error to the Chancery Court at Tushaloosa. THIS was a bill in Chancery, filed by the plaintiff in error, against the defendants in error. The bill charges, that in the early part of the year, 1836, a Stock Company was formed in Tuskaloosa, for the purpose of establishing a female school; that Alva Woods, was President of the Board of Trustees of said association.
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Error to the Chancery Court at Tushaloosa. THIS was a bill in Chancery, filed by the plaintiff in error, against the defendants in error. The bill charges, that in the early part of the year, 1836, a Stock Company was formed in Tuskaloosa, for the purpose of establishing a female school; that Alva Woods, was President of the Board of Trustees of said association. That Woods, with their knowledge, and approbation, and for the purpose of obtaining a suitable building for the purposes of the institution, bought of John R. Drish, the premises, in the bill described, at the price of six thousand…
1Opinion of the CourtOrmond, J.
The question to be determined in this case, • is, what facts and circumstances will give the vendor of land a lien, in equity, for the purchase money unpaid.
It is well settled, both in England and the United States, that the vendor, in the absence of any agreement to the contrary, retains a lien on the land he has sold and conveyed for the unpaid purchase money, and that this lien will be enforced against a subsequent purchaser, with notice. It is also the law of both countries, that merely taking a bond or note for the purchase money, will be no waiver of the lien. How far the taking by the…
2Cases cited3 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
- Cox v. FenwickCourt of Appeals of Kentucky · 1813
3Cited by48 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Craft v. RussellSupreme Court of Alabama · 1880
- Horton v. SledgeSupreme Court of Alabama · 1856
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