Marsh's Adm'r v. Elsworth

Supreme Court of Alabama

Marsh's Adm'r v. Elsworth

37 Ala. 85

CourtSupreme Court of Alabama

DecidedJune 15, 1860

StatusPublished

Cited by6 cases

This text of 37 Ala. 85 (Marsh's Adm'r v. Elsworth) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marsh's Adm'r v. Elsworth, 37 Ala. 85 (Ala. 1860).

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Opinion

STONE, J.

The statute of the State of Mississippi, copied into the bill, preserves only a statute lien .on property Bold as this was. At does not prevent the title from passing to the purchaser, Such lien being .only one of the incidents given by the ]aw, .it results that, as against a purchaser, who, in good faith, acquires title within another jurisdiction-,- such lieu can have no binding operation ip the new jurisdiction. —See Donald v. Hewitt, and authorities cited, 33 Ala. 534, 545-6.

..Decree.of the chancellor affirmed,

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STONE, J.

The statute of the State of Mississippi, copied into the bill, preserves only a statute lien .on property Bold as this was. At does not prevent the title from passing to the purchaser, Such lien being .only one of the incidents given by the ]aw, .it results that, as against a purchaser, who, in good faith, acquires title within another jurisdiction-,- such lieu can have no binding operation ip the new jurisdiction. —See Donald v. Hewitt, and authorities cited, 33 Ala. 534, 545-6.

..Decree.of the chancellor affirmed,

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Bluebook (online)

37 Ala. 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshs-admr-v-elsworth-ala-1860.

Opinion

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