Legal Opinion

Hannah's Ex'r v. Lankford's Adm'x

Supreme Court of Alabama

Decided January 15, 1869PublishedCited by 1 opinion

Appeal from the Chancery Court of Calhoun. Tried before the Hon. S. K. McSpadden. This was a bill in equity, by R. C. Hannah, as executor of the last will and testament of Mansel M. Hannah, deceased, against the administrator and heirs of Thomas K. Lankford, deceased, and sought to set up and enforce an alleged vendor’s lien on certain land of the deceased, for the unpaid purchase-money.

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Appeal from the Chancery Court of Calhoun. Tried before the Hon. S. K. McSpadden. This was a bill in equity, by R. C. Hannah, as executor of the last will and testament of Mansel M. Hannah, deceased, against the administrator and heirs of Thomas K. Lankford, deceased, and sought to set up and enforce an alleged vendor’s lien on certain land of the deceased, for the unpaid purchase-money. The bill was based upon the following facts: Appellant’s testator, in 1863, sold to appellee’s intestate, Thomas 3L Lankford, deceased, a tract of land in Calhoun county, Alabama, receiving in payment…

1Opinion of the CourtB. F. Saffold, J.

Against the executor of her husband’s will, in the absence of any indebtedness of the estate, Mrs. Hannah could give a valid receipt. There is no averment in the bill that the money was needed to pay the debts. She was the sole legatee during her life or widowhood, and there was no pending administration. Johnson, Adm’r, v. Longmire, 39 Ala. 143; Gardiner et al., Ex’rs, v. Gantt et al., 19 Ala. 666; Cleveland, et al., Ex’rs, v. Chandler, 3 Stew. Rep. 489.

The bill, in view of the facts stated, cannot be maintained. The decree of the chancellor dismissing the bill without prejudice, is affirmed.

2Cases cited3 opinions

  1. Gardner v. GanttSupreme Court of Alabama · 1851
  2. Cleveland v. ChandlerSupreme Court of Alabama · 1831
  3. Johnson's Adm'r v. LongmireSupreme Court of Alabama · 1863

3Cited by1 opinion

  1. Vail v. AndersonSupreme Court of Minnesota · 1895

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