Moore v. Lackey
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. O. H. Whiteield, Chancellor. Rebecca J. Moore, the appellant, filed her bill at the October Term, 1870, of the Chancery Court of Monroe County, against the appellee, Wyatt C. Lackey.
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Appeal from the Chancery Court of Monroe County. Hon. O. H. Whiteield, Chancellor. Rebecca J. Moore, the appellant, filed her bill at the October Term, 1870, of the Chancery Court of Monroe County, against the appellee, Wyatt C. Lackey. The allegations of the bill were, in substance : That, on the 10th of July, 1857, Stephen Cocke sold to L. B. Moore certain tracts of land, and Moore, for the purchase-money, executed his four promissory notes, two of which were unpaid at the time of the filing of the bill, — one due Jan. 1, 1861, for $3,452, and the other due Jan. 1, 1862, for $3,726; that,…
1Opinion of the CourtSimrall, C. J.
The question between the parties, affecting their substantial rights, is, whether Cocke, in his deed of conveyance to Moore, reserved an express lien on the property, as security for the notes for the purchase-money., Cocke transferred the notes to Taylor, who assigned them to the appellant, Mrs. Rebecca J. Moore. While the vendor’s equity does not pass to the assignee of the debt for the purchase-money, it is well settled that, if the vendor retains the legal title until payment is made, or if he creates an express lien in his deed to secure the purchase-money, an assignment of the notes…
2Cases cited1 opinion
- Perkins v. GibsonMississippi Supreme Court · 1875
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