Weaver v. Brown
Supreme Court of Alabama
Appeal from the Chancery Court of Randolph. Heard before the Hon. S. K. McSpadden. The original bill in this case was filed on the 5th May, 1880, by Jesse M. Weaver, against Thomas N. Brown, his wife and son; and sought to establish and enforce a vendor’s lien on land, for unpaid purchase-money. Garrett Wilder was also made a defendant to the bill, but he died before answer, and the suit was abated as to him.
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Appeal from the Chancery Court of Randolph. Heard before the Hon. S. K. McSpadden. The original bill in this case was filed on the 5th May, 1880, by Jesse M. Weaver, against Thomas N. Brown, his wife and son; and sought to establish and enforce a vendor’s lien on land, for unpaid purchase-money. Garrett Wilder was also made a defendant to the bill, but he died before answer, and the suit was abated as to him. The contract for the sale of the land was made on the 1th April, 1866, and consummated by the execution of a deed by the complainant to said Thomas N. Brown, which . recited the payment…
1Opinion of the Court
SOMERVILLE, J. —
1. The transfer of the note to the defendant Wilder, by the complainant Weaver, having been effected by delivery merely, without indorsement — and prior to the statute authorizing a transfer of a vendor’s lien by mere delivery of purchase-money notes given for land (Code, 1886, § 1764) — the transferree did not acquire the vendor’s lien, nor any right to enforce it on the land in controversy. Prickett v. Sibert, 71 Ala. 194; Bankhead v. Owen, 60 Ala. 457; Hightower v. Rigsby, 56 Ala. 126. The title, therefore, which Wilder acquired at the sheriff’s sale, must be sustained, if…
2Cases cited10 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Wharton v. KingSupreme Court of Alabama · 1881
- Chambers v. WrightSupreme Court of Alabama · 1875
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3Cited by21 opinions
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- Roach v. PrivettSupreme Court of Alabama · 1890
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