Legal Opinion

Craft v. Russell

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 46 opinions

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

  1. Wakeman v. GroverNew York Court of Chancery · 1832
  2. Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
  3. Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
  4. Wells v. MorrowSupreme Court of Alabama · 1861
  5. Jackson, ex dem. Rounds v. M'ChesneyNew York Supreme Court · 1827

8 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. O'Neal v. SeixasSupreme Court of Alabama · 1887
  2. Cochran v. MillerSupreme Court of Alabama · 1883
  3. Reeder v. CoxSupreme Court of Alabama · 1928
  4. Barton v. BartonSupreme Court of Alabama · 1883
  5. Lightsey v. StoneSupreme Court of Alabama · 1951

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