51 Ala. 151 | Ala. | 1874
The bill was filed by the appellee, to enforce a lien for the unpaid purchase-money of a tract of land sold by him to the appellant in 1867. The lands were purchased by the appellee in 1864, from one Carmichael. When this purchase was made, there was a subsisting judgment against said Carmichael in the circuit court of Talladega, in which county the lands were situated, rendered in 1860. When the sale to the appellant was made, the appellee had knowledge of this judgment against Carmichael, and knew that it was as
It is true that, in contemplation of law, all its rules, and principles are deemed certain, although they may not have been the matter of public adjudication. The theory is, Id certum est, quod oertum reddi potest; and that the province of
In considering this question, Chancellor Kent, in Lyon v. Richmond (2 Johns. Ch. 59), says: “ Much was said respecting a decision of the court of errors in another cause, in the year 1813, by which it is inferred, that if the sureties had been permitted to have prosecuted a writ of error on the judgment against Richmond, they would have been successful. Whether this would have been the case, and the judgment against Richmond, and the judgment reversed on error in 1813, have been deemed so analogous in their circumstances as to have led to the same conclusion, is a question not before me, and which I shall not undertake to decide. I have nothing to do with such an inquiry. A subsequent decision of a higher court, in a different case, giving a different exposition of a point of law from the one declared and known when a settlement between parties takes place, cannot have a retrospective effect, and overturn such settlement. The courts do not undertake to relieve parties from their acts and deeds fairly done on a full knowledge of facts, though under a mistake of the law. Every man is to be charged at his peril with a knowledge of the law. There is no other principle which is safe and practicable in the common intercourse of mankind. And to permit a subsequent judicial decision ip any one given cáse, on a point of law, to open or annul everything that has been done in other cases of the like kind for years before, under a different understanding of the law, would lead to the most pernicious consequences. Fortunately for the peace and happiness of society, there is no such pernicious precedent to be found. This case, therefore, is to be decided according to the existing state of things when the settlement in question took place.”
When the appellant made the purchase at sheriff’s sale, according to the law as then announced, he was removing an incumbrance on the title the appellee had warranted. He
The appellant was, in every view of the case, entitled to a deduction from the unpaid purchase-money, of the sum he paid for the lands at sheriff’s sale. The chancellor erred in not so decreeing; and for that error the decree is reversed, and the cause remanded.
The majority of the court do not consider themselves bound, except as to the result of the opinion in this case. Upon the reasons and numerous points involved in the discussion that leads to it, they express no opinion.