Perkins v. Gibson
Mississippi Supreme Court
Appeal from the Chancery Court of Oktibbeha County. Hon. Austin Pollard, Chancellor. The facts of this case are very fully stated in the opinion of the court. The following is assigned for error, to-wit: “ The sustaining of the demurrer of the defendant A. Flowers to complainant’s bill.” The first position we take is, that the naked and plain vendor’s lien existed between Green and Gibson, as the word vendor is technically used in the law books. Bouv. L. Die., vol.
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Appeal from the Chancery Court of Oktibbeha County. Hon. Austin Pollard, Chancellor. The facts of this case are very fully stated in the opinion of the court. The following is assigned for error, to-wit: “ The sustaining of the demurrer of the defendant A. Flowers to complainant’s bill.” The first position we take is, that the naked and plain vendor’s lien existed between Green and Gibson, as the word vendor is technically used in the law books. Bouv. L. Die., vol. II, p. 576. The sale was made at the instance of Green, and Green treated him as the vendor. Between Gibson and Thompson there…
1Opinion of the CourtTarbell, J.
John Thompson being indebted to E. Green, gave the latter the sale of a tract of land, out of which to secure his debt. This was a verbal arrangement. ' Green sold the land to defendant Gibson, for $810, taking the notes of Gibson therefor to hi’mself, and at his request, Thompson conveyed the land direct to Gibson. It was the understanding and agreement (verbal) of the parties, that Green was the vendor and Thompson the grantor of the land, and that the note was a lien thereon. Green died, and Perkins, complainant, was appointed administrator of his estate. Complainant, believing the land,…
2Cases cited16 opinions
- Fletcher v. MoreyU.S. Circuit Court for the District of Massachusetts · 1843
- Pinchain v. CollardTexas Supreme Court · 1855
- Clason v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1812
- White v. WilliamsNew York Court of Chancery · 1829
- Patterson v. EdwardsMississippi Supreme Court · 1855
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3Cited by8 opinions
- James v. BurbridgeWest Virginia Supreme Court · 1889
- Moore v. LackeyMississippi Supreme Court · 1876
- Rutland v. BristerMississippi Supreme Court · 1876
- State Board of Education v. City of AberdeenMississippi Supreme Court · 1879
- Logwood v. RobertsonSupreme Court of Alabama · 1878
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