Kelly v. Payne
Supreme Court of Alabama
Error to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne. -»r The bill in this case was filed by ibe^iffefenclant against the plaintiff in error, and allege$7that, arCtbe 1st July 1S44, the complainant sold to the defendant a lot of land in Lowndes county, known as the south-west quarter of section fifteen, township twelve, and range sixteen, except thirty acres of the north end thereof, for six hundred and fifty dollars, and executed to him his bond to…
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Error to the Chancery Court of Lowndes. Tried before the Hon. J. W. Lesesne. -»r The bill in this case was filed by ibe^iffefenclant against the plaintiff in error, and allege$7that, arCtbe 1st July 1S44, the complainant sold to the defendant a lot of land in Lowndes county, known as the south-west quarter of section fifteen, township twelve, and range sixteen, except thirty acres of the north end thereof, for six hundred and fifty dollars, and executed to him his bond to make titles when the purchase money should •be paid ; that the defendant, to secure the payment of the purchase money,…
1Opinion of the Court
DAR.GAN, O. J.
The vendor of land, who executes a bond to the vendee, with condition to make titles when the purchase money is paid, retains a lien on the land, which he may enforce for the payment of the purchase money. He holds the *373legal title to the land as a security for its payment, and all the incidents of a mortgage, so far as regards the lien, attach to such a contract. — Haley v. Bennett, 5 Port. 452; Conner v. Banks, at this Term, (ante p. 42,) and cases there cited.
If therefore the vendor should transfer the note given for the purchase money, either by endorsement or delivery…
2Cases cited3 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Haley v. BennettSupreme Court of Alabama · 1837
- White v. StoverSupreme Court of Alabama · 1846
3Cited by31 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Wells v. MorrowSupreme Court of Alabama · 1861
- Micou v. AshurstSupreme Court of Alabama · 1876
- Gentry v. RogersSupreme Court of Alabama · 1867
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