McLemore v. Mabson
Supreme Court of Alabama
Eekob to the Chancery Court at Montgomery. Tried before the Hon. J. W. Lesesne. Bill by the defendants in error against MeLemore, to foreclose a mortgage given by him on certain lands, which he had purchased of the complainants, and for which he had received their deed with covenants of warranty; the mortgage being a security for the purchase money.
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Eekob to the Chancery Court at Montgomery. Tried before the Hon. J. W. Lesesne. Bill by the defendants in error against MeLemore, to foreclose a mortgage given by him on certain lands, which he had purchased of the complainants, and for which he had received their deed with covenants of warranty; the mortgage being a security for the purchase money. MeLemore by his answer insists that the land is incumbered by the dower of the wife of the complainant’s father, who was the former owner, and that previous to the sale to him, one of the complainants had witnessed a deed made by a subsequent…
1Opinion of the CourtChilton, J.
It is clear that dower is an incumbrance, such as will authorize a purchaser, who has contracted for a good and lawful title, to refuse to perform an executory contract for its purchase. Parks v. Brooks, 16 Ala. Rep. 529. But this principle does not aid the plaintiff in error. Here the contract has been consummated by the execution of a conveyance with covenants of warranty as to title, which conveyance has been accepted by him, and he has mortgaged the land to the complainants. It is true, if the covenants in his deed are broken by the outstanding incumbrance, he has a right either to sue at…
2Cases cited4 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Parks v. BrooksSupreme Court of Alabama · 1849
- Cummings' Heirs v. Gill's HeirsSupreme Court of Alabama · 1844
3Cited by20 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Randall v. BourguardezSupreme Court of Florida · 1887
- Burch v. DriverSupreme Court of Alabama · 1921
- Magee v. McMillanSupreme Court of Alabama · 1857
- Wilkinson v. SearcySupreme Court of Alabama · 1883
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