Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Ball v. Vogtner

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


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


Holding and Reasoning (Torbert, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial