Hightower v. Rigsby
Supreme Court of Alabama
Appeal from the Chancery Court of Randolph. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 3d November, 1873, by William Hightower against Samuel Rigsby, and sought to enforce a vendor’s lien on land for the unpaid purchase-money.
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Appeal from the Chancery Court of Randolph. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 3d November, 1873, by William Hightower against Samuel Rigsby, and sought to enforce a vendor’s lien on land for the unpaid purchase-money. The allegations of the bill are in these words: “Orator charges, that on or about the 1st day of August, 1871, one William D. Heaton sold and deeded to one Andrew Rigs-by the following lands,” describing them, “ and put him in the possession thereof; for which the said Heaton took the note of the said Rigsby, payable to himself or bearer…
1Opinion of the CourtManning, J.
A vendor of land, who sells the same on a credit, and, without having received payment of the purchase money, or taking back a mortgage or any other security for the payment of it, executes his conveyance, containing an acknowledgment of satisfaction in full of the price,-— notwithstanding this, is held in equity entitled to a lien on the land, and a decree to have it sold for the payment of the purchase-money, so long as the land remains the property of the vendee, or his heirs, or any person holding it by a merely voluntary conveyance bom him or them. But, when the estate has passed to a…
2Cases cited5 opinions
- Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
- Griggsby v. HairSupreme Court of Alabama · 1854
- Houston v. StantonSupreme Court of Alabama · 1847
- Hall's ex'rs v. ClickSupreme Court of Alabama · 1843
- White v. StoverSupreme Court of Alabama · 1846
3Cited by12 opinions
- Wilkinson v. MaySupreme Court of Alabama · 1881
- Weaver v. BrownSupreme Court of Alabama · 1888
- Hanchey v. HurleySupreme Court of Alabama · 1900
- Wolffe v. NallSupreme Court of Alabama · 1878
- Kibbe v. ScholesSupreme Court of Alabama · 1929
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