First National Bank v. Thompson
Supreme Court of Alabama
Appeal from' the City Court of Gadsden, in Equity. Heard before the Hon. John H, Disque. The facts of the case are sufficiently stated in the opinion. 1. All improvements placed on lands by a purchaser or his sub-purchaser, which partake of the reality, will inure to the purchaser at the vendor’s sale. — Johnston v. Smith, 70 Ala. 108 ; 2 Warvelle on Vendors, 710, § 17. 2. A purchaser of. land with notice, either actual or constructive of an outstanding mortgage, although he…
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Appeal from' the City Court of Gadsden, in Equity. Heard before the Hon. John H, Disque. The facts of the case are sufficiently stated in the opinion. 1. All improvements placed on lands by a purchaser or his sub-purchaser, which partake of the reality, will inure to the purchaser at the vendor’s sale. — Johnston v. Smith, 70 Ala. 108 ; 2 Warvelle on Vendors, 710, § 17. 2. A purchaser of. land with notice, either actual or constructive of an outstanding mortgage, although he may have acted ignorantly and in good faith, is not entitled to have the value of the improvements made by him, but he…
1Opinion of the CourtColeman, J.
In February, 1885, one Eaton sold and conveyed to Isabel Thompson a certain tract of land described in the bill of complaint, and reserved in the deed of conveyance a lien upon the land to secure the balance of the purchase money, evidenced by her promissory note. In October, 1891, the vendee, Isabel Thompson, and husband conveyed a strip of the land to the Chattanooga Southern Railway Company for a right of way. The railroad company took possession of the' strip of land under the conveyance and constructed its railroad, and has since continued in possession and use of it for the…
2Cases cited1 opinion
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
3Cited by6 opinions
- Southern Railway Co. v. CowanSupreme Court of Alabama · 1900
- Mobile & Ohio Railroad v. HesterSupreme Court of Alabama · 1898
- Southern Railway Co. v. HoodSupreme Court of Alabama · 1899
- City of Birmingham v. SmyerSupreme Court of Alabama · 1935
- Jones v. Southern Ry. Co.Supreme Court of Alabama · 1909
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