Bizzell v. Nix
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 31st January, 1876, by John Nix, against William G. Bizzell, and sought to enforce a vendor’s lien for the unpaid purchase-money of land. The land was sold and conveyed by the complainant, on the 15th March, 1859, to William H. Bizzell, who was the father of said William G., the defendant in this suit.
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Appeal from the Chancery Court of Greene. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 31st January, 1876, by John Nix, against William G. Bizzell, and sought to enforce a vendor’s lien for the unpaid purchase-money of land. The land was sold and conveyed by the complainant, on the 15th March, 1859, to William H. Bizzell, who was the father of said William G., the defendant in this suit. A small part of the purchase-money was paid in cash, and the purchaser gave his two promissory notes for the residue, payable on 1st January, 1860, and 1861, respectively; on…
1Opinion of the CourtBrickell, C. J.
The authorities which, doubtless, induced the decree of the chancellor, and which are now relied on to support it, are Driver v. Hudspeth, 16 Ala. 348, and Relfe v. Relfe, 34 Ala. 500. The first was a proceeding under the statute then in force (Clay’s Dig. 157, § 38), in the Orphans’ Court, at the instance of a vendee holding a bond for title, to compel the personal representatives of the vendor, who had died, to malee him title. The purchase-money had not been paid, but an action at law on the notes given for it was barred by the statute of limitations. It was held, that a vendor retaining…
2Cases cited2 opinions
- Relfe v. RelfeSupreme Court of Alabama · 1859
- Driver v. HudspethSupreme Court of Alabama · 1849
3Cited by9 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Ware v. CurrySupreme Court of Alabama · 1880
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Stephens v. ShannonSupreme Court of Arkansas · 1884
- Moses Bros. v. JohnsonSupreme Court of Alabama · 1889
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