Chapman v. Lee
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 9th October, 1877, by Beuben Chapman, against the personal representative and heirs of Mrs. Susan B. Lee, deceased; and sought to enforce a vendor’s lien for the unpaid purchase-money of a tract of land, which said Chapman had sold and conveyed to Mrs. Lee on the 23d September, 1858. In September, 1865, Chapman brought an action at law against Mrs. Lee’s…
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Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 9th October, 1877, by Beuben Chapman, against the personal representative and heirs of Mrs. Susan B. Lee, deceased; and sought to enforce a vendor’s lien for the unpaid purchase-money of a tract of land, which said Chapman had sold and conveyed to Mrs. Lee on the 23d September, 1858. In September, 1865, Chapman brought an action at law against Mrs. Lee’s administrator, to recover an alleged unpaid balance of the purchase-money, as shown by the reports of the case, on appeal to…
1Opinion of the CourtStone, J.
In Relfe v. Relfe, 34 Ala. 500, it was said: “The liens of a vendor and a mortgagee are alike — in the same sense, and to the same extent — incidents of the debt. They are alike transferred by an assignment of the debt, and neither can survive the extinguishment of it. And the vendor and mortgagee alike have independent remedies, by taking possession, and by proceeding in chancery for a sale to pay the debt. . . So far as the question of staleness, as well *485as most other questions, is concerned, the vendor of land stands precisely as a mortgagee. . . We must adopt the same principle in…
2Cases cited8 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Heyer v. PruynNew York Court of Chancery · 1839
- Belknap v. GleasonSupreme Court of Connecticut · 1836
- Relfe v. RelfeSupreme Court of Alabama · 1859
- Driver v. HudspethSupreme Court of Alabama · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ware v. CurrySupreme Court of Alabama · 1880
- Selna v. SelnaCalifornia Supreme Court · 1899
- Moses Bros. v. JohnsonSupreme Court of Alabama · 1889
- Terrell v. CunninghamSupreme Court of Alabama · 1881
- Philadelphia Warehouse Co. v. Anniston Pipe WorksSupreme Court of Alabama · 1894
3 more not listed; retrieve them via the Exa API.