Preston & Co. v. Ellington
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Jno. A. Foster. These two eases were argued and submitted together, both in the court below, and in this court.
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Appeal from the Chancery Court of Butler. Heard before the Hon. Jno. A. Foster. These two eases were argued and submitted together, both in the court below, and in this court. The material facts shown by the records are these: In November, 1874, James Daniel sold a tract of land to Caswell Ellington, or to Mrs. Eliza Jane Ellington, his wife, and executed a conveyance to Mrs. Ellington ; taking from said Ellington and wife, in payment of the purchase-money, their four promissory notes, for $450 each, payable December 1st, 1875,1876,1877, and 1878, respectively, to said James Daniel, or…
1Opinion of the Court
BKICKELL, O. J.'
— The main question in these cases, which grow out of the same transactions, and in which the same parties are interested, may be thus stated : First, whether the lien of a vendor of lands, for the payment of the purchase-money, is extinguished if he transfers the notes given for the purchase-money, the nature and character of the transfer excluding his liability for the ultimate payment of the notes? If, after such transfer, without the intervention of a new consideration, the assignor, to enable the assignee to enforce the lien on the lands, indorses the notes in terms which…
2Cases cited8 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Griggsby v. HairSupreme Court of Alabama · 1854
- Day v. ThompsonSupreme Court of Alabama · 1880
- Hall's ex'rs v. ClickSupreme Court of Alabama · 1843
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3Cited by7 opinions
- Alabama National Bank v. RiversSupreme Court of Alabama · 1896
- Owen v. BankheadSupreme Court of Alabama · 1884
- Brewer v. AtkeisonSupreme Court of Alabama · 1898
- Douglass v. BlountCourt of Appeals of Texas · 1900
- Collins v. FormanSupreme Court of Alabama · 1935
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