Legal Opinion

Beall v. McGehee

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 9 opinions

Appeal from Chancery Court of Crenshaw. Heard before the Hon. HlTB'IOSCO Austill. The bill in this case was filed by Mrs. Mahone, the executrix of Thomas Mahone, deceased, for the purpose of enforcing a vendor’s lien against J. H.'Beall, on the lands-mentioned in the bill, and setting aside a deed from J. H. Beall to M. E. Beall, which covered a part of the lands-alleged to have been purchased by Beall of Thomas Mahone,. since deceased.

Read the full summary

Appeal from Chancery Court of Crenshaw. Heard before the Hon. HlTB'IOSCO Austill. The bill in this case was filed by Mrs. Mahone, the executrix of Thomas Mahone, deceased, for the purpose of enforcing a vendor’s lien against J. H.'Beall, on the lands-mentioned in the bill, and setting aside a deed from J. H. Beall to M. E. Beall, which covered a part of the lands-alleged to have been purchased by Beall of Thomas Mahone,. since deceased. The record shows that appellant, J. H. Beall, purchased of Thomas Mahone the lands mentioned in the bill. Beall paid part of the money cash, and gave his note…

1Opinion of the CourtBrickell, C. J.

1. The appellant, Mary E. Beall, is the voluntary donee of her father, the appellant, James H. Beall, and of consequence affected by all the equities with which the estate of her father was chargeable, when the conveyance to her was made, though she may not have had notice of such equities. It is only a purchaser for a valuable consideration, without notice, who is protected against prior equities,—Moore v. Clay, 7 Ala. 742; Ledbetter v. Walker, 31 Ala. 175.

2. If there was by the vendor, a fraudulent misrepresentation of the quality or quantity of the lands, the damages resulting from which,…

2Cases cited4 opinions

  1. Townsend v. CowlesSupreme Court of Alabama · 1858
  2. Goodwin v. McGeheeSupreme Court of Alabama · 1849
  3. Ledbetter v. WalkenSupreme Court of Alabama · 1857
  4. Moore v. ClaySupreme Court of Alabama · 1845

3Cited by9 opinions

  1. Weaver v. BrownSupreme Court of Alabama · 1888
  2. Miller v. OsterlundSupreme Court of Minnesota · 1923
  3. Tatum v. YahnSupreme Court of Alabama · 1900
  4. Marshall Et Ux. v. HartmanSupreme Court of Florida · 1932
  5. Best v. BestSupreme Court of Alabama · 1946

4 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