Legal Opinion

Gayle's Adm'r v. Marshall

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 4 opinions

Appeals from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The orignal bill in this case was filed on the 28th June, 1879, by Anna M. Gayle, as the administratrix de bonis non of the estate of Mrs. Mary L. Gayle, deceased, against Charles L. Marshall, William B. Shields, and William M. Martin; and sought to establish and enforce a vendor’s lien against a tract of land, on account of the balance of purchase-money alleged to be due and unpaid.

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Appeals from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The orignal bill in this case was filed on the 28th June, 1879, by Anna M. Gayle, as the administratrix de bonis non of the estate of Mrs. Mary L. Gayle, deceased, against Charles L. Marshall, William B. Shields, and William M. Martin; and sought to establish and enforce a vendor’s lien against a tract of land, on account of the balance of purchase-money alleged to be due and unpaid. The lands had belonged to the complainant’s intestate, having been inherited in 1863 from her father; and were sold and conveyed,…

1Opinion of the CourtBrickell, C. J.

These, are cross appeals from a decree in chancery, rendered on a bill filed by Anna M. Gayle, as administratrix de bonis non of the estate of Mary L. Gayle, asserting a lien on lands for the payment of the. purchase-money. The lands were sold by Mrs. Gayle and her husband, and a conveyance executed to Marshall, the purchaser. The larger part of the purchase-money was paid in cash, at the time of the conveyance ; and for the remainder, Marshall, at the request of the husband, made his two promissory notes, of fifteen hundred dollars each, payable to Milhous & Shields, to whom Mrs. Gayle was…

2Cases cited14 opinions

  1. Pearson v. DarringtonSupreme Court of Alabama · 1858
  2. Shelton v. PendletonSupreme Court of Connecticut · 1847
  3. Sanford v. HowardSupreme Court of Alabama · 1857
  4. Lee v. TannenbaumSupreme Court of Alabama · 1878
  5. Castleman v. JeffriesSupreme Court of Alabama · 1877

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

3Cited by4 opinions

  1. Gafford v. DunhamSupreme Court of Alabama · 1895
  2. Sinclair v. TaylorAlabama Court of Appeals · 1937
  3. Landgrof v. TannerSupreme Court of Alabama · 1907
  4. Stout v. KinseySupreme Court of Alabama · 1890

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