Denton v. Lindler

FOSTER, Justice.

Complainant sold land to J. O. Denton, and took a note and mortgage on it for the purchase money. He then sold and transferred the note and mortgage to J. E. Dutton, and took from him simple purchase-money notes, unsecured. Other transactions alleged are not here important, with reference to the claim by complainant of a vendor’s lien on the land.

The act of taking the mortgage from Denton is a waiver of his implied lien to secure the purchase price which Denton agreed to pay him. For his debt he must look to the mortgage as security. Fields v. Drennen, 115 Ala. 558, 22 So.…