Gordon v. Jones
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before Hon. N. W. Cocke. The bill in this cause was filed on 9th April, 1866, by Francis Gordon, jr., against Johü.Ellsberry and J. H. Jones, and sought to enforce the vendor’s lien for the purchase-money of a tract of land.
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Appeal from the Chancery Court of Lowndes. Heard before Hon. N. W. Cocke. The bill in this cause was filed on 9th April, 1866, by Francis Gordon, jr., against Johü.Ellsberry and J. H. Jones, and sought to enforce the vendor’s lien for the purchase-money of a tract of land. According to the allegations of the bill, and the answers of defendants, the land was sold by T. J. Middleton to said J. H. Jones, on the 8th July, 1862, and Jones paid for the same, $7,050 cash, and gave his two notes for $3,000 each, for balance of the purchase-money, one payable in January, 1864, and the other in…
1Opinion of the CourtA. J. Walker, C. J.
The only point of controversy in this case is, whether the defendant, Ellsberry, was a purchaser with notice of the complainant’s lien. The chancellor ruled that he was not, a,nd dismissed the complainant’s bill. The question of notice depends upon the evidence, and is so doubtful, that we should be exceedingly reluctant to disturb the chancellor’s decision on either side. The onus of proof was upon the complainant. He proved notice by his endorser, who held a note situated precisely as the complainants, so far as the question of lien was concerned. The endorser was released from his…
2Cases cited1 opinion
- Phillips' Adm'r v. PhillipsSupreme Court of Alabama · 1863