Galloway v. Hamilton's Heirs
Court of Appeals of Kentucky
Chancery.
1Opinion of the Court
. Judge Underwood
delivered the Opinion oí" the Court.
This court has determined, that the assignor of a bond for the title of a tract of land, is entitled to a lien on the land to secure the purchase money, notwithstanding the assignee has parted with the bond by transfer to another, provided he had notice of such lien.
A bill in chancery is the proper remedy to enforce the lien, and may be prosecuted without obtaining a judgment at law for the purchase money. The case of Halbert vs. Grant, 4 Mon. 580, relates to the impeachment of conveyances for fraud, and does not embrace a proceeding to…
2Cited by6 opinions
- Sparks v. HessCalifornia Supreme Court · 1860
- Turley v. TurleyTennessee Supreme Court · 1886
- Manly v. SlasonSupreme Court of Vermont · 1849
- Poe v. Paxton's HeirsWest Virginia Supreme Court · 1885
- Fletcher v. HowardCourt of Appeals of Kentucky (pre-1976) · 1928
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