Davis v. Smith
Supreme Court of Alabama
Appeal from the Chancery Court of Cherokee. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 25th October, 1886, by J. I. Smith against James I. Davis, and sought to enforce a vendor’s lien on land for unpaid purchase-money.
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Appeal from the Chancery Court of Cherokee. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 25th October, 1886, by J. I. Smith against James I. Davis, and sought to enforce a vendor’s lien on land for unpaid purchase-money. According to the allegations of the bill, the land was sold to the defendant, on November 16th, 1880, by Morrison & Marable, and he executed to them his note for the balance of purchase-money unpaid; which note, it was alleged, was transferred by them, for valuable consideration, to the complainant. The bill did not allege whether or not a…
1Opinion of the CourtSomerville, J.
The bill seeks to enforce a vendor’s lien on land for the unpaid purchase-money, and is filed by a transferree of the note who holds it by delivery only, and not by written assignment.
1. Prior to the act of February 12th, 1879 (Acts 1878-79, p. 171), which is now codified in section 1764 of the present Code (1886), such a transfer did not carry with it. the ven*598dor’s lien, nor authorize its enforcement in the name of the holder. It required a written transfer, or assignment, to carry such lien, and one in such form as not to exclude the liability of the vendee for its ultimate payment. And an…
2Cases cited10 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Carver v. EadsSupreme Court of Alabama · 1880
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Crampton v. PrinceSupreme Court of Alabama · 1887
- Linn v. McLeanSupreme Court of Alabama · 1885
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3Cited by8 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Bogan v. HamiltonSupreme Court of Alabama · 1890
- Morris v. Southern Realty & Construction Co.Supreme Court of Alabama · 1920
- Smalley v. Sovereign Finance Co.Supreme Court of Florida · 1931
- Acree v. StoneSupreme Court of Alabama · 1904
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