Napier v. Jones
Supreme Court of Alabama
Appear from Chancery Court of Lawrence. Heard before Hon. Wit. Skinner. This is a bill in chancery filed by Hodge L. Stephenson as the executor of the last will of James Wallace, deceased, and revived in the name of Theophilus Jones as his successor, to enforce a vendor’s lien on lands sold by said executor, under the provisions of the will, to appellant, Napier, trustee of his wife, Mary 0. Napier, in November, 1858, at public sale.
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Appear from Chancery Court of Lawrence. Heard before Hon. Wit. Skinner. This is a bill in chancery filed by Hodge L. Stephenson as the executor of the last will of James Wallace, deceased, and revived in the name of Theophilus Jones as his successor, to enforce a vendor’s lien on lands sold by said executor, under the provisions of the will, to appellant, Napier, trustee of his wife, Mary 0. Napier, in November, 1858, at public sale. The clause of the will under authority of which said sale was made, is in these words: “I request that niry executor shall give my three boys, George, Ell, and…
1Opinion of the CourtPetebs, J.
As early as 1842, now thirty years ago, it was, in a well considered opinion of this court, declared that “it is well settled, both in England and the United States, that the vendor, in the absence of any agreement, to the contrary, retains a hen on the land he has sold and conveyed, for the unpaid purchase-money, and that this lien will be enforced against a subsequent purchaser with notice.” — Foster v. The Trustees of the Athenceum, 3 Ala. 302, 305. This just exposition of this important principle, has not been modified or abandoned. It was the law at the date of the sale involved in this…
2Cases cited6 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Brooks v. WoodsSupreme Court of Alabama · 1867
- Waller v. Sultzbacher & PaigeSupreme Court of Alabama · 1862
- Lyon & Co. v. Kent, Payne & Co.Supreme Court of Alabama · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Cowles v. PollardSupreme Court of Alabama · 1874
- McKenzie v. BaldridgeSupreme Court of Alabama · 1873
- Gordon & Stokes v. BellSupreme Court of Alabama · 1874
- Scott's Administrator v. GriggsSupreme Court of Alabama · 1873
1 more not listed; retrieve them via the Exa API.