Kirk v. Sheets

Decided November 15, 1890

Supreme Court of Alabama · decided 1890-11-15

Heard before the Hon. Wm. H. Simpson. The bill in this case was filed on the 29th March, 1889, by C. C. Sheets, against W. F. Kirk and J. D. Snodgrass, and sought to enforce a vendor’s lien on land. The land had belonged to the complainant, and was by him sold and conveyed, in January, 1888, to S. M. Bains, W. D. Brown, and W. J. Robinson, who afterwards sold and conveyed to the defendants, taking their notes for the purchase-money.

Cited by 1 later decisions — most recently May 1916

1 state decisions

Relies on Batre v. Auze's heirs · Woodall v. Kelly & Co. · Wilkinson v. May

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-15

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STONE, O. J.

¶1We find no error in this record. No relief is asked which can in any way affect Robinson, Bains, or Brown. No relief against them is asked, no title is sought to be devested out of them, and under no decree that can be rendered will they be either injured or benefitted.—Batre v. Auze, 5 Ala. 173; 1 Brick. Dig. 754--5, §§ 1714, 1715, 1716, 1726; Wilkinson v. May, 69 Ala. 33; McKay v. Broad, 70 Ala. 377; Woodall v. Kelly, 85 Ala. 368. And is is equally a matter of indifference to the defendants at what time their bonds were transferred to Sheets. The matter of interest to them is, that they should not be required to pay the purchase-money of the lots to any one not authorized to receive it. When he became so authorized is a question in which they have no concern, provided his right accrued before he brought suit.

¶2There is nothing in the other question.

¶3Affirmed.