Craft v. Russell
Supreme Court of Alabama
Rill in Equity to Enforce Vendor’s lien on lands. Appeal from Mobile Chancery Court. Heard before Hou. H. Austill. This was á bill filed by Russell and wife, against John Craft and Hugh Elliott, and sought to enforce a vendor’s lieu on a lot of land in the city of Mobile.
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Rill in Equity to Enforce Vendor’s lien on lands. Appeal from Mobile Chancery Court. Heard before Hou. H. Austill. This was á bill filed by Russell and wife, against John Craft and Hugh Elliott, and sought to enforce a vendor’s lieu on a lot of land in the city of Mobile. The bill describes the lot, and states that if was apart of the statutory separate estate of Mrs. Russell; that on the 16th of October, 1875, complainants executed and delivered to one Hugh Elliott a deed to said land for the consideration of three hundred and fifty dollars, that being the amount of the purchase-money agreed…
1Opinion of the CourtSomeeyille, J.
— -The decisions of this court have been uniform in holding, that the vendor of lands, in the absence of an agreement, express or implied, to the contrary, retains a lien on the lands sold and conveyed for the unpaid purchase-money, which shall prevail against any sub-vendee who purchases with notice of the original vendor’s equity. — Foster v. Atheneum, 3 Ala. 302; Buford v. McCormick, 57 Ala. 428. And when a bill is filed to enforce such lien, a plea put in by a defendant claiming to be a bona fide purchaser for value without notice, in order to be available as a protection against a prior…
2Cases cited13 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Wells v. MorrowSupreme Court of Alabama · 1861
- Jackson, ex dem. Rounds v. M'ChesneyNew York Supreme Court · 1827
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Cochran v. MillerSupreme Court of Alabama · 1883
- Reeder v. CoxSupreme Court of Alabama · 1928
- Barton v. BartonSupreme Court of Alabama · 1883
- Lightsey v. StoneSupreme Court of Alabama · 1951
41 more not listed; retrieve them via the Exa API.