Moore v. Worthy
Supreme Court of Alabama
Appeal from the Chancery Court of Bandolph. Heard before the Hon. B. B. MoGraw. The bill in this case was filed on the 30th March, 1872, by J. J. Moore, against O. D. Worthy and his wife, Mrs. Sarah F. Worthy; and sought to enforce a vendor’s lien on land for the unpaid balance of the purchase-money. On final hearing, on pleadings and proof, the chancellor dismissed the bill; and his decree is now assigned as error.
1Opinion of the Court
BRICKELL, 0. J.
The whole question in this ease is, whether the vendor, under the facts stated in the pleadings and proofs, retained or waived his lien on the lands sold and conveyed, for the purchase-money. The facts are, that the appellant sold the lands to the appellee, Worthy, for the sum of six hundred dollars, payable on the 25th December, 1870; and on the 23d day of December, 1870, Worthy paid four hundred dollars of the purchase-money, and made his due bill, payable to the appellant, for the remaining two hundred dollars. At the request of Worthy, the appellant made to his wife, Sarah,…
2Cases cited2 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Campbell v. HenryMississippi Supreme Court · 1871
3Cited by6 opinions
- Crampton v. PrinceSupreme Court of Alabama · 1887
- Chapman v. PeeblesSupreme Court of Alabama · 1887
- Bishop v. McPhersonSupreme Court of Alabama · 1936
- Rewis v. WilliamsonSupreme Court of Florida · 1906
- Daniel v. DanielSupreme Court of Alabama · 1926
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