Jackson v. Stanley
Supreme Court of Alabama
Appeal from tbe Chancery Court of Chilton. Heard before the Hon. S. K MoSpadden. The bill in this case was filed on the 11th February, 1887, by J. F. B. Jackson, against C. W. Stanley and his wife, Mrs. Mary E. Stanley; and sought to establish and enforce a vendor’s lien on land for the unpaid purchase-money, The contract for the sale of the land was made between complainant and said C. W. Stanley, who executed his several notes for the purchase-money, which were past due…
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Appeal from tbe Chancery Court of Chilton. Heard before the Hon. S. K MoSpadden. The bill in this case was filed on the 11th February, 1887, by J. F. B. Jackson, against C. W. Stanley and his wife, Mrs. Mary E. Stanley; and sought to establish and enforce a vendor’s lien on land for the unpaid purchase-money, The contract for the sale of the land was made between complainant and said C. W. Stanley, who executed his several notes for the purchase-money, which were past due and unpaid when the bill was filed. A conveyance for the land was at the same time executed to Mrs. Stanley, but the bill…
1Opinion of the CourtClopton, J.
The lien which equity, on principles of natural justice, creates as security for the purchase price of land sold and conveyed, is the subject of waiver, express, or implied from the acts of the parties. Generally, the lien will be regarded as waived, if the grantor accepts any distinct and independent security. The authorities vary in the application of the rule to particular facts; and it would be difficult to formulate a general definition, specific, and yet comprehensive enough to include all acts which will operate to displace the lien. Ordinarily, this result is produced by the…
2Cases cited7 opinions
- Carver v. EadsSupreme Court of Alabama · 1880
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Marks v. CowlesSupreme Court of Alabama · 1875
- Walker v. StruveSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Culver v. HillSupreme Court of Alabama · 1880
- Davis v. SmithSupreme Court of Alabama · 1889
- Faulkner v. FowlerSupreme Court of Alabama · 1918
- Hubbard v. BuckSupreme Court of Alabama · 1893
- Spears v. TaylorSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.