Lang v. Wilkinson
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. B. B. McCKAW. In February, 1871, Henry T. Wilkinson, appellee, filed the bill in this cause, against E. Lang, W. S. Paul-lin, and Martha Bailey, to enforce what he claimed was a vendor’s lien upon a certain lot in Eufaula: the promissory note upon which he claimed the lien was executed by defendant, Martha Bailey, October' 9, 1862, and payable on the first of December thereafter to said Paullin.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. B. B. McCKAW. In February, 1871, Henry T. Wilkinson, appellee, filed the bill in this cause, against E. Lang, W. S. Paul-lin, and Martha Bailey, to enforce what he claimed was a vendor’s lien upon a certain lot in Eufaula: the promissory note upon which he claimed the lien was executed by defendant, Martha Bailey, October' 9, 1862, and payable on the first of December thereafter to said Paullin. The note was given as a part of the purchase money for said lot which Mrs. Bailey, the maker of the note, purchased of said Paullin.…
1Opinion of the CourtStone, J.
1. The note of Mrs. Bailey, which is the foundation of the present suit, was given and made payable-to Paullin. The consideration of the note was part purchase of a lot in Eufaula. The complainant’s right to maintain a suit rests, fundamentally, on Paullin’s ownership, and right to sell and convey the lot. The title under which. *261defendants defend, is the deed made by Paullin to Mrs. Vessels, in consummation of his contract of sale to Mrs. Bailey. So, all parties trace their title and claim to a common origin. It follows from this that, in this controversy each party is estopped from denying…
2Cases cited5 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
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- Pollard v. CockeSupreme Court of Alabama · 1851
- Hall's ex'rs v. ClickSupreme Court of Alabama · 1843
- Hightower v. RigsbySupreme Court of Alabama · 1876
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