Wilkinson v. Parmer

Decided December 15, 1886

Supreme Court of Alabama · decided 1886-12-15

Heard before the Hon. John A. Poster. The bill in this case was filed on the 3d July, 1885, by W. W. Wilkinson, against S. B. Parmer and others; and sought to enforce an alleged vendor’s lien for the unpaid purchase-money of land, as evidenced by a promissory note, which was made an exhibit to the bill.

Relies on Stringfellow v. Ivie · Robinson v. Lehman, Durr & Co. · Russell v. McCormick

Good law ✅— No negative treatment on recordhow we know

Decided 1886-12-15

How this case has been cited

Cited by 5 later decisions — most recently June 1934

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SOMEEYILLE, J.

¶1— This cáse is not, in our judgment, distinguishable from that of Stringfellow v. Ivie, 73 Ala. 209; and the decree of the chancellor must be affirmed, on the authority of that case. The land described,in the bill, and, certain described personal property, were sold together, by. one contract, at a gross price, and without stating the separ*368ate value or price either of the land, or of the personal property ; and this was a waiver of the vendor’s lien, indicating an intention to rely solely on the personal responsibility of the vendee. See, also, Robinson v. Lehman, 72 Ala. 401; Russell v. McCormick, 45 Ala. 587.

¶2The same case is an authority for the admission of parol evidence, to show what was the true consideration of the note in suit, the recital that it was given for land not being conclusive.

¶3Affirmed.