Ball v. Vogtner

362 So.2d 894 (1978)

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Ball v. Vogtner

Alabama Supreme Court
362 So.2d 894 (1978)

Facts

Kitty Ball (plaintiff) received a judgment against Mary Morgan and recorded the judgment in May 1972. Prior to the recording of the judgment, Mary married B. B. Collins and acquired property in Mobile County. Mary purchased this property as Mary Collins. Although Ball knew of Mary’s marriage when Ball recorded the judgment, Ball listed the judgment debtor as Mary Morgan, not Mary Collins. Mary Collins subsequently transferred title to the property to Martin and Barbara Carrera, and the property was later sold to William and Rebecca Vogtner (defendants). Attorney Walter Lee represented the Vogtners in the purchase of the property. Two years before representing the Vogtners, Lee learned from social acquaintances that Ball might have a judgment against Mary Collins. Lee never communicated this information to the Vogtners. Ball brought suit against the Vogtners to establish a judgment lien on the property. The trial court found that the Vogtners did not have notice of the judgment against Mary, and that the judgment thus did not constitute a lien against the property. Ball appealed.

Rule of Law

Issue

Holding and Reasoning (Torbert, C.J.)

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