Relfe v. Relfe
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes- Ifeard before the Hon. Wade Keyes. The bill in this case was filed on 6th March, 1858, by-Montgomery S. Relfe, against his brother, Blakely J. Relfe, and the personal representatives and heirs-at-law of his deceased brother, Decatur J. Relfe.
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Appeal from the Chancery Court of Lowndes- Ifeard before the Hon. Wade Keyes. The bill in this case was filed on 6th March, 1858, by-Montgomery S. Relfe, against his brother, Blakely J. Relfe, and the personal representatives and heirs-at-law of his deceased brother, Decatur J. Relfe. It alleged, that the complainant, in 1846, sold to his said two brothers, by verbal contract, his undivided one-third interest in a tract of land which belonged to the three jointly; that by the terms of said contract, possession of the land was to be delivered on the 1st January, 1846, and the purchase-money…
1Opinion of the CourtA. J. Walker, C. J.
We approve, and are content to abide by, the decision in Driver v. Hudspeth, 16 Ala. 348, that the lien of a vendor, who has made an executory contract for the sale of land, is not destroyed, because an *504actiou to recover the purchase-money is barred by the statute of limitations. The principle which preserves liens, notwithstanding the bar of the debt, is neither confined to those secured by a conveyance, as for example a mortgage, nor to those secured by a sealed instrument, nor even to those provided by an express contract. Thus the lien of a pawnee, of an attorney, or of an acceptor having…
2Cases cited4 opinions
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Driver v. HudspethSupreme Court of Alabama · 1849
- Byrd v. McDanielSupreme Court of Alabama · 1858
- Reed's Adm'r v. MinellSupreme Court of Alabama · 1857
3Cited by23 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Ware v. CurrySupreme Court of Alabama · 1880
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Lewis v. HickmanSupreme Court of Alabama · 1917
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