Kirk v. Williams
United States Circuit Court
The defendant’s testator, Joseph B. Williams, sold a lot in Memphis to C., M. Fackler, taking a deed of trust to secure the purchase money 1 Fackler settled the property on his wife and children by a deed of settlement, making the plaintiff and another trustees.
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The defendant’s testator, Joseph B. Williams, sold a lot in Memphis to C., M. Fackler, taking a deed of trust to secure the purchase money 1 Fackler settled the property on his wife and children by a deed of settlement, making the plaintiff and another trustees. The purchase money remaining unpaid, and interest having accumulated, the settlement trustees, to avoid a sale for the .purchase money, re-conveyed to Williams, by a deed dated February 28, 1866, and signed by them and Mrs.' Fackler, whose husband had died leaving children. It is not signed by Williams, but contains the clause quoted…
1Opinion of the CourtHammond, J.
The defendant insists that no promise to pay for the land has been proved by any memorandum thereof in writing, signed by the party' sought to be charged, and that tho statute of frauds, therefore, is a complete protection. Codo Tenn. (T. & S.) § 1758. Counsel argues that, Williams not having signed the deed, the plaintiff’s only remedy is against the land itself, in the absence of some separate note, bond, covenant, or other like security containing a, promise, signed by him, to pay the purchase money; that, although a vendor may proceed to enforce a technical vendor’s lien, some mortgage…
2Cases cited23 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Fort Scott v. HickmanSupreme Court of the United States · 1884
- Harper v. . FairleyNew York Court of Appeals · 1873
- Barry v. CoombeSupreme Court of the United States · 1828
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3Cited by2 opinions
- White v. EwingCourt of Appeals for the Sixth Circuit · 1895
- Vaughn, et. ux. v. King, et. ux.Court of Appeals of Tennessee · 1998