Fossett v. Turk
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. H. Simps'on. Bill by H. W. Fossett against W. T. Turk and others, to enforce a vendor’s lien. From a decree for respondents complainants appeal.
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Appeal from Marshall Circuit Court. Heard before Hon. W. H. Simps'on. Bill by H. W. Fossett against W. T. Turk and others, to enforce a vendor’s lien. From a decree for respondents complainants appeal. As to what is requisite in proof of a defense of bona fide purchaser for value without notice of a vendor’s lien see. — Graft v. Russell, 67 Ala. 9; Hooper v. Strohn, 71 Ala. 75; May v; ■Wilkinson, 76 Ala. 543. Conceding the sufficiency of the pleading there is an entire failure of proof that the Turks paid anything of value for the land, and hence, the entire interest should have been sold. —…
1Opinion of the CourtSomerville, J.
The bill of complaint was filed by the appellant for the enforcement of a vendor’s lien on certain land. The appellees set up in their answer that they were subvendees and bona fide purchasers for value as to a one-half interest in the land without notice of the original vendor’s lien for unpaid purchase money. The testimony shows conclusively the existence of a lien for unpaid purchase money in favor of the appellant upon the entire interest as against the appellees’ vendors. It therefore devolved on the appellees, in order to avoid the lien, to affirmatively show, among other things, that…
2Cases cited10 opinions
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Gentry v. RogersSupreme Court of Alabama · 1867
- Buford v. McCormickSupreme Court of Alabama · 1876
- Munchus v. HarrisSupreme Court of Alabama · 1881
- Masterson v. PullenSupreme Court of Alabama · 1878
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3Cited by1 opinion
- Johns v. SeeleySupreme Court of Florida · 1927