Wilkinson v. Parmer
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Poster. The bill in this case was filed on the 3d July, 1885, by W. W. Wilkinson, against S. B. Parmer and others; and sought to enforce an alleged vendor’s lien for the unpaid purchase-money of land, as evidenced by a promissory note, which was made an exhibit to the bill.
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Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Poster. The bill in this case was filed on the 3d July, 1885, by W. W. Wilkinson, against S. B. Parmer and others; and sought to enforce an alleged vendor’s lien for the unpaid purchase-money of land, as evidenced by a promissory note, which was made an exhibit to the bill. The note was payable- on the 1st November, 1884, to W. D. Newman, by whom it was transferred by written assignment to the complainant ; and it recited on its face that it was given for value received, “being part of the purchase-money for the following…
1Opinion of the CourtSomeeyille, J.
— This cáse is not, in our judgment, distinguishable from that of Stringfellow v. Ivie, 73 Ala. 209; and the decree of the chancellor must be affirmed, on the authority of that case. The land described,in the bill, and, certain described personal property, were sold together, by. one contract, at a gross price, and without stating the separ*368ate value or price either of the land, or of the personal property ; and this was a waiver of the vendor’s lien, indicating an intention to rely solely on the personal responsibility of the vendee. See, also, Robinson v. Lehman, 72 Ala. 401; Russell v.…
2Cases cited3 opinions
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Robinson v. Lehman, Durr & Co.Supreme Court of Alabama · 1882
- Russell v. McCormickSupreme Court of Alabama · 1871
3Cited by5 opinions
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- Bartle v. BartleWisconsin Supreme Court · 1907
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- Cobb v. StinsonSupreme Court of Alabama · 1934