Burch v. Carter
Supreme Court of Alabama
Appeal from Chancery Court of Montgomery. Heard before Hon. N. W. Cocke. This was a bill in equity filed by Eliza J. Burch, the appellant, against the appellees, seeking to set up and enforce a vendor’s lien on certain land described in the bill, for the unpaid purchase-money thereon.
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Appeal from Chancery Court of Montgomery. Heard before Hon. N. W. Cocke. This was a bill in equity filed by Eliza J. Burch, the appellant, against the appellees, seeking to set up and enforce a vendor’s lien on certain land described in the bill, for the unpaid purchase-money thereon. The land in question was sold by the appellant, Mrs. Eliza J. Burch, in 1859, to one of the appellees, A. J. Burch ; Mrs. Burch, giving a warranty deed in fee to the purchaser, and the purchaser giving his note for the purchase-money. In 1860, the appellee, Burch, who was then in possession, sold the lands in…
1Opinion of the CourtB. F. Saffold, J.
The matter of difficulty in this case is a question of fact, rather than of law.
The lien of the vendor exists against the vendee and against volunteers and purchasers under him with notice, or having an equitable title only. — Burns v. Taylor, 23 Ala. 255; Story’s Eq. Jur. vol. 2, § 1225. But it does not exist against purchasers under a conveyance of the legal estate made bona fide, for a valuable consideration,, without notice, if they have paid the purchase-money. — Story’s Eq. Jur. vol. 2, § 1228; Sugden on Vendors, ch. 12, § 3, p. 557; Mackreth v. Symmons, 15 Vesey, 336; 6 John’s Ch. R.…
2Cases cited2 opinions
- Burns v. TaylorSupreme Court of Alabama · 1853
- Conner v. TuckSupreme Court of Alabama · 1847
3Cited by8 opinions
- Wittmeir v. LeonardSupreme Court of Alabama · 1929
- Scotch Lumber Co. v. SageSupreme Court of Alabama · 1902
- Hanchey v. HurleySupreme Court of Alabama · 1900
- Bunkley v. LynchSupreme Court of Alabama · 1872
- First National Bank v. TompkinsCourt of Appeals for the Fifth Circuit · 1893
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