White v. Stover
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 13th District. The bill is filed by White against Stover and Curtis, to enforce the vendor’s lien upon a certain tract of land, sold and conveyed with warranty, by White to Evans, and for which two notes were executed from Evans to White, one dated April 27, 1836, for $6,000, the other dated November 8, 1837, for $1,036 94. The date of the conveyance is not stated.
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Writ of Error to the Court of Chancery for the 13th District. The bill is filed by White against Stover and Curtis, to enforce the vendor’s lien upon a certain tract of land, sold and conveyed with warranty, by White to Evans, and for which two notes were executed from Evans to White, one dated April 27, 1836, for $6,000, the other dated November 8, 1837, for $1,036 94. The date of the conveyance is not stated. White transferred these notes to M. A. Dumas, for a valuable consideration, aud she ^commenced suits against Evans in January, 1838, in the name of White, for her use, but these were…
1Opinion of the CourtGoldthwaite, J.
We think this case is within the influence of the decision made by us in Roper v. McCook, 7 Ala. Rep. 318, where we held the vendor’s lien continued, and might be enforced by the assignee of a note given for the *443purchase of land, although no steps had been taken to hold the assignor responsible on his indorsement. It cannot be contended after the many decisions found in the books' on this subject,-that the vendor’s lien is not capable of being transferred to a third person, and the contrary idea seems to rest entirely on a. dictum oí L’d Hardwick in Pollaxfor v. Moore, 3 Atk. 272. In that…
2Cases cited3 opinions
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Johnston v. GwathmeyCourt of Appeals of Kentucky · 1823
- Hall's ex'rs v. ClickSupreme Court of Alabama · 1843
3Cited by15 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Conner v. BanksSupreme Court of Alabama · 1850
- Kelly v. PayneSupreme Court of Alabama · 1850
- Buford v. McCormickSupreme Court of Alabama · 1876
- Shall v. BiscoeSupreme Court of Arkansas · 1856
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