Legal Opinion

Hall's ex'rs v. Click

Supreme Court of Alabama

Decided June 15, 1843PublishedCited by 17 opinions

Writ of Error to the Court of Chancery sitting at Talladega. The plaintiffs in error, filed their bill against the defendants, setting forth with particularity, that their testator had sold property to the defendant Isaac Dickerson, for the sum of twenty-five hundred dollars, and received in part payment, a note made by Henry Click, for nine hundred and sixty-eight dollars.

Read the full summary

Writ of Error to the Court of Chancery sitting at Talladega. The plaintiffs in error, filed their bill against the defendants, setting forth with particularity, that their testator had sold property to the defendant Isaac Dickerson, for the sum of twenty-five hundred dollars, and received in part payment, a note made by Henry Click, for nine hundred and sixty-eight dollars. That this note was given in part payment of a tract of land, purchased by Click of Dickerson, and was received by the testator without Dickerson’s indorsement, upon an assurance, that if it could not be collected of Click,…

1Opinion of the CourtCollier, C. J.

It is a principal of law about which there is no controversy, that the vendor of real estate retains a lien for the unpaid purchase money, unless he has expressly or impliedly waived it; and that this lien will be enforced against the vendee and all persons claiming under him with notice, although a deed has been executed conveying to the vendee the legal title. [Foster v. The Trustees of the Athenæum, 3 Ala. Rep. N. S. 302; Bayley v. Greenleaf, et al. 7 Wheat. Rep. 46; Brown et al. v. Gilman, 4 Id. 255; 1 Mason’s Rep. 191; Lupin v. Marie, 6 Wend. Rep. 77; Hatcher’s adm’rs v. Hatcher’s ex’rs…

2Cases cited5 opinions

  1. Bayley v. GreenleafSupreme Court of the United States · 1822
  2. Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
  3. Johnston v. GwathmeyCourt of Appeals of Kentucky · 1823
  4. Hatcher's administrator v. Hatcher's executorsSupreme Court of Virginia · 1822
  5. Kenny v. CollinsCourt of Appeals of Kentucky · 1823

3Cited by17 opinions

  1. Bankhead v. OwenSupreme Court of Alabama · 1877
  2. Wilkinson v. MaySupreme Court of Alabama · 1881
  3. Griggsby v. HairSupreme Court of Alabama · 1854
  4. Buford v. McCormickSupreme Court of Alabama · 1876
  5. White v. StoverSupreme Court of Alabama · 1846

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API