Jones & De Pras v. Robinson
Supreme Court of Alabama
Bill in Equity by Administratrix, for Settlement and Distribution of Estate 'under Voluntary Agreement, and to enforce Vendor’s Bien on Land¡ Cross-Bill for Foreclosure of Mortgage. Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham.
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Bill in Equity by Administratrix, for Settlement and Distribution of Estate 'under Voluntary Agreement, and to enforce Vendor’s Bien on Land¡ Cross-Bill for Foreclosure of Mortgage. Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 11th September, 1879, by Mrs. Caroline P. Eobinson, as administratrix of the estate of her deceased husband, William Eobinson, against the children and heirs „of said decedent; and prayed a settlement of her administration, a distribution of the estate, a ratification of an agreement for…
1Opinion of the CourtStone, C. J.
So far as Mrs. Robinson’s bill seeks to sell, in payment of the purchase-money, that interest in the land which James P. Robinson purchased under the agreement of *505November 22d, 1869, her equity is superior to that of Jones & DePras. The title was retained in the vendors, as security for the purchase-money; and as to this interest, the plea of purchaser without notice is unavailing. — Bankhead v. Owen, 60 Ala. 457, and authorities cited. This includes an undivided fourffifths interest in the lands, to which James P. Robinson has never had any title. If J. W. Jones & Oo. had no notice of the…
2Cases cited11 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Wells v. MorrowSupreme Court of Alabama · 1861
- Davis v. CookSupreme Court of Alabama · 1880
- Mobile & Cedar Point R. R. v. Talman & RalstonsSupreme Court of Alabama · 1849
- Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
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3Cited by5 opinions
- Maryland Casualty Co. v. HolmesSupreme Court of Alabama · 1935
- Abels v. Planters & Merchants Ins.Supreme Court of Alabama · 1890
- Starr Piano Co. v. BakerAlabama Court of Appeals · 1913
- Horton v. Wright, Barrett, & Stillwell Co.North Dakota Supreme Court · 1917
- Dillard v. PropstSupreme Court of Alabama · 1925