Legal Opinion

Galloway v. Hamilton's Heirs

Court of Appeals of Kentucky

Decided November 11, 1833PublishedCited by 6 opinions

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

  1. Sparks v. HessCalifornia Supreme Court · 1860
  2. Turley v. TurleyTennessee Supreme Court · 1886
  3. Manly v. SlasonSupreme Court of Vermont · 1849
  4. Poe v. Paxton's HeirsWest Virginia Supreme Court · 1885
  5. Fletcher v. HowardCourt of Appeals of Kentucky (pre-1976) · 1928

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