Mize v. Barnes
Court of Appeals of Kentucky
Case 102 — PETITION EQUITY — APPEAL FROM PULASKI COURT OF COMMON PLEAS. 1. A lien cannot be retained for the benefit of a stranger to'a deed, especially so unless the stranger accepts its benefits before other rights attach, (io Bush, 426; 11 Bush, 39.) 2. It is only where there is a statement of the unpaid purchase money that a lien between vendor and vendee can be retained against purchasers or creditors. i.
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Case 102 — PETITION EQUITY — APPEAL FROM PULASKI COURT OF COMMON PLEAS. 1. A lien cannot be retained for the benefit of a stranger to'a deed, especially so unless the stranger accepts its benefits before other rights attach, (io Bush, 426; 11 Bush, 39.) 2. It is only where there is a statement of the unpaid purchase money that a lien between vendor and vendee can be retained against purchasers or creditors. i. A lien for the purchase money may be retained in a deed for the benefit and use of a third party, and this is so at common law. (Pack v. Carder, &c., 4 Bush, 121; Story’s Eq.…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
It is manifest on the face of the deed that. William Whit-son, the grantee, executed his note to Mrs. Barnes for the purchase money he agreed to pay for the land, and that both grantor and grantee intended that the payment of the note should be secured by a lien on the land. Such being the ■evident design of both parties, there was certainly a lien, good'as between them. It does not matter whether Abraham Whitson had paid for the land or not; he caused the-note of William to be executed to Mrs. Barnes, and she is. entitled to the note and to…
2Cases cited1 opinion
- Pack v. CarderCourt of Appeals of Kentucky · 1868
3Cited by9 opinions
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Zeiser v. . CohnNew York Court of Appeals · 1913
- Blakeley v. AdamsCourt of Appeals of Kentucky · 1902
- First National Bank v. DohertyCourt of Appeals of Kentucky · 1913
- Anglo-American Mill Co. v. Kentucky Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1932
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