Folmar v. Beall
Supreme Court of Alabama
Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Bill by George A. Folmar against J. H. Beall and others, to declare and enforce a vendor’s lien upon certain real estate. From a decree for respondents, complainant appeals. The facts sufficiently appear from the opinion of the court.
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Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Bill by George A. Folmar against J. H. Beall and others, to declare and enforce a vendor’s lien upon certain real estate. From a decree for respondents, complainant appeals. The facts sufficiently appear from the opinion of the court. The lien is not created by an express or specific agreement, but rests in equity, independently of the agreement. 74 Ala. 295; 73 Ala. 248; 69 Ala. 33; 64 Ala. 496; 61 Ala.- 530; 60 Ala. 457. The sale created a trust and a lien upon the money. 42 Ala. 31. The lien is preserved, though the statute…
1Opinion of the CourtSayre, J.
[1] In 1894 Beall & Coston, a partnership composed of J. W. Beall and T. W. Coston, the latter now deceased, were beginning a general mercantile business at Luverne in Crenshaw county. Beall was indebted to the Lehman-Durr Company, a corporation doing business at Montgomery. Beall & Coston needed funds and to raise them, Beall, who owned two lots on the main business street of the town, conveyed them to Beall & Coston, taking a promissory note for the sum of $7,500. The deed, contained a recital that grantor did grant, bargain, sell, confirm, and convey the said lots “for and in consideration…
2Cases cited10 opinions
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Hawkins v. Fourth National Bank of New YorkIndiana Supreme Court · 1898
- Evans v. Faircloth-Byrd Mer. Co.Supreme Court of Alabama · 1910
- Folmar v. Lehman-Durr Co.Supreme Court of Alabama · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Coleman v. BAC ServicingCourt of Civil Appeals of Alabama · 2012
- Smith v. CollierSupreme Court of Alabama · 1923
- Lindsey v. ThorntonSupreme Court of Alabama · 1937
- Little v. MontgomerySupreme Court of Alabama · 1938
- Blakeney v. DeeSupreme Court of Alabama · 1978
1 more not listed; retrieve them via the Exa API.