Hunter v. Briggs
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benner^. Bill by Ada Briggs and another against P. P. Hunter and another to enforce a vendor’s lien. From a decree for complainant, Hunter appeals. The provisions of section 3413, Code 1907, have changed the common law rule that a purchaser by a quit claim deed is not entitled to protection from latent equities. — 59 Am. S't. Rep. 531; 148 U. S. 24; 24 L. R. A. 44; 138 Am.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benner^. Bill by Ada Briggs and another against P. P. Hunter and another to enforce a vendor’s lien. From a decree for complainant, Hunter appeals. The provisions of section 3413, Code 1907, have changed the common law rule that a purchaser by a quit claim deed is not entitled to protection from latent equities. — 59 Am. S't. Rep. 531; 148 U. S. 24; 24 L. R. A. 44; 138 Am. St. Rep. 1017; 75 L. R. A. (N. S.) 1035; 57 C. C. A. 301 The Chancellor erred, in overruling demurrer to bill as amended as there was a misjoinder of parties…
1Opinion of the CourtMcCLELLAN, J.
— About December 3Í, 1907, Henry Briggs (appellee) sold to E. D. Taylor two lots in the city of Birmingham, for a combined, unseparated con*329sideration of $10,500. Four thousand dollars of this purchase money was represented by an outstanding-mortgage on the land, the payment of which mortgage debt Taylor assumed. For the balance of the purchase money, $6,500, Taylor gave his promissory notes, payable to Ada Briggs, Henry Briggs’ daughter. Subsequently, as the result of payments and reneivals, the balance of the purchase money debt became represented by three notes executed by Taylor; One for…
2Cases cited9 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Wilkinson v. MaySupreme Court of Alabama · 1881
- Ellis v. VandergriftSupreme Court of Alabama · 1911
- Smith's Heirs v. Branch Bank at MobileSupreme Court of Alabama · 1852
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3Cited by5 opinions
- Jacobs v. Goodwater Graphite Co.Supreme Court of Alabama · 1920
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- Marsh v. MarshSupreme Court of Alabama · 1927