Buford v. McCormick
Supreme Court of Alabama
APPEAL from Chancery Court of Barbour. Heard, before the Hon. B. B. McCraw. On September 3, 1866, one Lewis L. Cato executed to one Robert D. Thornton his promissory note for $2,464, under the following circumstances : Said Thornton was the executor of-one John W. Levy, and as such executor had obtained judgment against one John W. Johnston et al. and' said Cato — the latter being security in said judgment.
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APPEAL from Chancery Court of Barbour. Heard, before the Hon. B. B. McCraw. On September 3, 1866, one Lewis L. Cato executed to one Robert D. Thornton his promissory note for $2,464, under the following circumstances : Said Thornton was the executor of-one John W. Levy, and as such executor had obtained judgment against one John W. Johnston et al. and' said Cato — the latter being security in said judgment. Execution was levied upon the real estate of said Johnston et al.,. which real estate was advertised for sale by the sheriff, and on the day of sale said Cato, and Thornton, at Cato’s…
1Opinion of the CourtStone, J.
1. In Wells v. Morrow, 38 Ala. 128, speaking of the defense of bona-fide purchase without notice, we said: “ There is no averment in the answer that Mr. Morrow had paid the purchase-money for the land; and hence his defense of pxxrchaser without notice must fail on that account. . . ' The averment must be, not oxxly that the purchaser had not xxotice at or before the date of the execution of the deeds, but that the purchase-money was paid before notice. There ■must not oxxly be a denial of notice before the purchase, but a denial of notice before the payment of the money.” To the same effect…
2Cases cited12 opinions
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Wells v. MorrowSupreme Court of Alabama · 1861
- Conner v. BanksSupreme Court of Alabama · 1850
- Kelly v. PayneSupreme Court of Alabama · 1850
- Chilton v. Braiden's AdministratrixSupreme Court of the United States · 1863
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3Cited by20 opinions
- Craft v. RussellSupreme Court of Alabama · 1880
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
- Young v. HawkinsSupreme Court of Alabama · 1883
- Johns v. SeeleySupreme Court of Florida · 1927
15 more not listed; retrieve them via the Exa API.