Bankhead v. Owen
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Charles Turner. The bill in this case was filed on the 16th June, 1876, by Mrs. Martha H. Owen, a married woman, suing by her next friend, against the personal representatives and heirs-at-law of George M. Garth, deceased, to-wit: William S. Bank-head and his wife, Catharine M. (formerly the widow of said Garth), as administrator and administratrix of said Garth’s estate, and Kate G. and George Garth, his…
Read the full summary
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Charles Turner. The bill in this case was filed on the 16th June, 1876, by Mrs. Martha H. Owen, a married woman, suing by her next friend, against the personal representatives and heirs-at-law of George M. Garth, deceased, to-wit: William S. Bank-head and his wife, Catharine M. (formerly the widow of said Garth), as administrator and administratrix of said Garth’s estate, and Kate G. and George Garth, his infant children ; and sought to subject a tract of land, which said decedent had bought from one M. W. Mayes, to the payment…
1Opinion of the CourtBrickell, C. J.
The primary question, rendering all others unimportant, presented by this record, is, whether a transferree by delivery of a promissory note, the consideration of which is the purchase-money of lands, — the transfer not being attended by any agreement, or by circumstances, which charge the vendor Avith a liability for the ultimate payment of the note, or of the consideration passing to him on the transfer, if the note is not available, — can assert and enforce the equitable lien of the vendor.
As a general rule, the holder of a promissory note, parting with it by mere delivery, must be…
2Cases cited24 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Wells v. MorrowSupreme Court of Alabama · 1861
- Conner v. BanksSupreme Court of Alabama · 1850
- Kelly v. PayneSupreme Court of Alabama · 1850
19 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Ware v. CurrySupreme Court of Alabama · 1880
- Nance v. GraySupreme Court of Alabama · 1904
- Meyer v. RichardsSupreme Court of the United States · 1896
42 more not listed; retrieve them via the Exa API.