McCrory v. Guyton
Supreme Court of Alabama
' Appeal from Marion Chancery Court. Heard before Hon. W. H. Simpson. Bill by Walter Guyton against R. C. McCrory. From a decree overruling demurrers to the bill, defendant appeals.
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' Appeal from Marion Chancery Court. Heard before Hon. W. H. Simpson. Bill by Walter Guyton against R. C. McCrory. From a decree overruling demurrers to the bill, defendant appeals. It is alleged in the bill that Jane Allen ivas the owner of the land described, and that she sold said, lands to respondent, at the same time reserving the vendor’s lien for the unpaid purchase money, and for some reason unknown to orator said note was made payable to D. E. Allen, the husband of Jane Allen. It is then alleged that D. E. Allen sold the note to one Caddell, who prior to the maturity thereof…
1Opinion of the CourtAnderson, J.
When one sells land, and the purchase-money note is, by mutual agreement of the parties concerned, made payable to a third person, the note continues to be a charge on the land as a vendor’s lien, and, unless waived, such lien may be enforced by the promisee by bill in equity for his own benefit. — Woodall v. Kelly, 85 Ala. 372, 5 South. 164, 7 Am. St. Rep. 57; Carver v. Eads, 65 Ala. 190. In order, however, for a note made payable to a third person to operate as a vendor’s lien in favor of the payee or his assignee, it must have been made payable to him under the authority or sanction of the…
2Cases cited2 opinions
- Carver v. EadsSupreme Court of Alabama · 1880
- Lide v. ParkSupreme Court of Alabama · 1902
3Cited by5 opinions
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