Hoots v. Williams
Supreme Court of Alabama
Appeal from the Chancery Court of Lamar. Tried bbfore the Hon. W. H. Simpson. The bill in this case was filed by the appellant against the appellee, to enforce a vendor’s lien upon certain lands described in the bill.
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Appeal from the Chancery Court of Lamar. Tried bbfore the Hon. W. H. Simpson. The bill in this case was filed by the appellant against the appellee, to enforce a vendor’s lien upon certain lands described in the bill. The facts of the case are sufficiently stated in the opinion. 1. The defendant Williams was not entitled to the protection of a bona fide purchaser for value without notice.— Webb v. Elyton Land Co., 105 Ala. 472 ; Hooper v. Strahan, 71 Ala. 75 ; Craft v. Russell, 67 Ala. 9. 2. The mortgagee in the mortgage under which appellee Williams claims, by charging usurious interest,…
1Opinion of the CourtColeman, J.
The bill was filed to enforce a vendor’s lien upon certain land, to satisfy a balance of purchase money alleged to be due from L. A. Hoots, the vendee. An absolute deed of conveyance, acknowledging full payment of purchase money, with covenants of warranty, was made to the vendee, and no note or other evidence of the unpaid purchase money was taken from the vendee. L. A. Hoots, the purchaser, executed a mortgage upon the land to one Johnson, to se'cure a loan of money and a past due account. This mortgage was foreclosed, according to its terms, and John Williams, the respondent, became the…
2Cases cited4 opinions
- Oates v. National BankSupreme Court of the United States · 1879
- McCall v. RogersSupreme Court of Alabama · 1884
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Peterson & Co. v. Steiner Bros.Supreme Court of Alabama · 1895
3Cited by7 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Anglo-California Trust Co. v. Pacific Acceptance Corp.California Court of Appeal · 1924
- Davis v. AshburnSupreme Court of Alabama · 1932
- Farmers Ginners Cotton Oil Company v. HoganSupreme Court of Alabama · 1957
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