Hester v. Hunnicutt
Supreme Court of Alabama
Appeal from the Chancery Court of Franklin. Heard before the Hon. Thomas Cobbs . The present bill was filed on December 4, 1891, by the appellant, Wiley B. Hester, against the appellee, John F. Hunnicutt, for the purpose of eniorcing a vendor’s lien on a certain tract of land described in the bill, which, as was alleged in the bill, he had sold to the defendant on February 21, 1890. Upon the defendant’s conveying to the complainant a certain tract of land which was owned by…
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Appeal from the Chancery Court of Franklin. Heard before the Hon. Thomas Cobbs . The present bill was filed on December 4, 1891, by the appellant, Wiley B. Hester, against the appellee, John F. Hunnicutt, for the purpose of eniorcing a vendor’s lien on a certain tract of land described in the bill, which, as was alleged in the bill, he had sold to the defendant on February 21, 1890. Upon the defendant’s conveying to the complainant a certain tract of land which was owned by said defendant, and the execution to him of a note for the sum of $500, the complainant executed to the defendant his…
1Opinion of the CourtHead, J.
— The lien of a vendor who has conveyed the lands to the purchaser is a charge upon the lands sold, which a court of equity will raise and enforce for the security and payment of the purchase money. It rests upon the doctrine that it is inequitable for a purchaser to retain the lands of the vendor without paying the purchase price. The lien will not be raised except for the purchase money. In a case of that character, it is competent for the vendee to show by parol that a promissory note, reciting that it was given for the purchase money of the land, was in fact given, in part, for such…
2Cases cited4 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Alexander v. HooksSupreme Court of Alabama · 1887
- Sykes v. BettsSupreme Court of Alabama · 1888
3Cited by9 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Nance v. GraySupreme Court of Alabama · 1904
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Continental Fire Ins. v. BrooksSupreme Court of Alabama · 1901
- Taylor v. Interstate Investment Co.Washington Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.