Putnam v. Summerlin
Supreme Court of Alabama
Appeal from Butler Oban eery Court. Heard before Hou. L. D. Gardner. Bill by W. W. Summerlin against H. A. Plitnam and others. From a decree for plaintiff, defendants appeal.
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Appeal from Butler Oban eery Court. Heard before Hou. L. D. Gardner. Bill by W. W. Summerlin against H. A. Plitnam and others. From a decree for plaintiff, defendants appeal. The case made by the bill is: That in 1907 the Fowler Lumber Company was the owner and in possession of the following described timber: (Here follows a description of the timber rights.) That on said date, to wit, June 24, 1907, the Fowler lumber Company sold all the above-described timber to Putnam; part of the purchase price being in cash, and part being secured by notes of the said Putnam. It is then averred that the…
1Opinion
*396ON REHEARING.
SIMPSON, J.
In tlie original opinion in this case we called attention to the fact that, in the case of Hall v. Mobile & M. R R., 58 Ala. 10, 22, the purchaser gave a power of attorney; but, as stated then, the decision of the case is based on the reservation in the deed, and not on the power of attorney, and the court decided distinctly that it was not a vendor’s lien, but an equitable mortgage, and governed by the same rules as a mortgage.
In the case of Kyle v. Bellenger, 79 Ala. 516, 520, 521, the court distinctly held that the party did not have a vendor’s lien, and that when…
2Cases cited7 opinions
- Barnhill v. HowardSupreme Court of Alabama · 1893
- Hall v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1877
- Kyle v. BellengerSupreme Court of Alabama · 1885
- Draper v. . AllenSupreme Court of North Carolina · 1894
- Heist v. BakerSupreme Court of Pennsylvania · 1865
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