Richardson v. Bowman
Mississippi Supreme Court
Appeal from the Circuit Court of Rankin county. Hon. John Watts, judge. Appellant filed bis bill in tbe court below against appellee, alleging that on tbe 17th clay of October, 1861, be conveyed to appellee an estate for ninety-nine years, from tbe 3d day of March, 1833, in certain lots of land situated in the town of Brandon; that appellee, in consideration of said sale, executed to him bis three several promissory notes, by which be agreed to pay on tbe 1st of October,…
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Appeal from the Circuit Court of Rankin county. Hon. John Watts, judge. Appellant filed bis bill in tbe court below against appellee, alleging that on tbe 17th clay of October, 1861, be conveyed to appellee an estate for ninety-nine years, from tbe 3d day of March, 1833, in certain lots of land situated in the town of Brandon; that appellee, in consideration of said sale, executed to him bis three several promissory notes, by which be agreed to pay on tbe 1st of October, 1861, and 1862, and 1863, $1,000 in middling cotton, at ten cents per pound; that tbe first two notes were fully paid oft,…
1Opinion of the Court
HARRIS, J.,
delivered tbe opinion of tbe court.
Tbe point submitted for our decision in this case is, whether the vendor of leasehold estate in lands, has an equitable lien on tbe estate in tbe bands of tbe purchaser, for tbe unpaid purchase-money.
"We are unable to discover any reason why the general rules applicable to tbe sale of real estate should be made to depeud on tbe gucmtity of interest which tbe vendor has in tbe land. The principle upon which courts of equity have proceeded in estabbsbing this lien, in tbe nature of trust is, that a person *784wbo has gotten the estate of another, ought…
2Cited by2 opinions
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- Anderson v. SpencerMississippi Supreme Court · 1876