Wellborn v. Williams
Supreme Court of Georgia
In Equity, in Houston Superior Court. Decided by Judge Stark, April Term, 1850. This was a bill filed by the complainants, to enforce a vendor’s lien. The bill alleges, that in the year 1838, one John Martin sold to T. and S. Williams a lot of land in the County of Houston, who executed to the said Martin their two promissory notes for seven hundred dollars each, as a part of the purchase price therefor.
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In Equity, in Houston Superior Court. Decided by Judge Stark, April Term, 1850. This was a bill filed by the complainants, to enforce a vendor’s lien. The bill alleges, that in the year 1838, one John Martin sold to T. and S. Williams a lot of land in the County of Houston, who executed to the said Martin their two promissory notes for seven hundred dollars each, as a part of the purchase price therefor. One of the notes was made payable on the 25th day of December, 1838; the other, twelve months thereafter. Martin subsequently obtained judgment against T. and S. .Williams on the first of…
1Opinion of the Court
By the Court
Nisbet, J.
delivering the opinion.
[1.] The judgment of this Court is invoked to extend the vendor’s lien for the purchase money to the assignee of the note given for the purchase money.
This was a naked assignment by the vendor of one of the notes of the vendee, given for the purchase money, and of a judgment founded on the other note — there being two. There was no indorsement or undertaking to be liable, of any kind, on the part of the vendor, and no contract or agreement by which .the lien was assigned. The question is, whether, upon a naked assignment of the notes of the vendee,…
2Cases cited4 opinions
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