Dunn v. White
Supreme Court of Alabama
Error to the Circuit Court of Wilcox County. ASSUMPSIT by plaintiff in error against defendants in error. Pleas : non assumpsit, payment, set-off, failure of consideration, fraud and deceit. Issue in short by consent.
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Error to the Circuit Court of Wilcox County. ASSUMPSIT by plaintiff in error against defendants in error. Pleas : non assumpsit, payment, set-off, failure of consideration, fraud and deceit. Issue in short by consent. On the trial, the defendants proved that the note sued on was given by them to the plaintiff, on the purchase of a tract of land ; that after the purchase, the land was sold by virtue of an execution against the plaintiff, on a judgment which existed at the time of the purchase of the land by the defendants from the plaintiffs. At the sale they became the purchasers of the land.…
1Opinion of the CourtOrmond, J.
— There can be no doubt, that a vendee of land has the right to extinguish out-standing incumbrances, and charge the vendor with the amount thus paid to perfect his title, if ihe vendor has entered into a covenant with him, that the estate is free from incumbrance. Nor can this right be impaired, by the vendees knowledge previous to the purchase, that such incumbrance existed, as he might well suppose, that the vendor would discharge it.
We are not informed in the bill of exceptions, whether any conveyance was made to the defendant in error, and if there was, what was its character; we shall,…
2Cited by16 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Holley v. YoungeSupreme Court of Alabama · 1855
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
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