Railway Co. v. James
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court, in Chancery. John A. Williams, Judge. Suit by Thomas S. James, administrator of Thomas S. James, deceased, against C. M. Neel and the Pine Bluff, Monroe and New Orleans Railway Company, to foreclose a vendor’s lien upon land. James sold to Neel block 40, comprising four lots, consecutively numbered, in Old Town addition to the city of Pine Bluff. The sale was upon credit; the deed reserved a vendor’s lien.
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APPEAL from Jefferson Circuit Court, in Chancery. John A. Williams, Judge. Suit by Thomas S. James, administrator of Thomas S. James, deceased, against C. M. Neel and the Pine Bluff, Monroe and New Orleans Railway Company, to foreclose a vendor’s lien upon land. James sold to Neel block 40, comprising four lots, consecutively numbered, in Old Town addition to the city of Pine Bluff. The sale was upon credit; the deed reserved a vendor’s lien. Subsequently James released his lien upon lot 3 and all of lot 2 except forty feet off the north side. Afterwards Neel conveyed-to the Pine Bluff,…
1Opinion of the CourtCockriix, C. J.
It is argued that the railway company, which was the owner of the equity of redemption in a-separate parcel of the premises upon which James’ vendor’s-lien existed, had tbe right, prior to the sale under James’ decree of foreclosure, to redeem the entire premises by paying the entire lien debt; and that the decree has not cut off that right, inasmuch as the company was not a party to the suit to foreclose.
1. Foreclosure of vendor’s lien—Redemp The rights of the parties, so far as those questions are-concerned, are exactly analogous to those of a mortgagee and a subsequent vendee of the…
2Cases cited4 opinions
- Watts v. JulianIndiana Supreme Court · 1890
- Gilbert v. HaireMichigan Supreme Court · 1880
- Kirkham & Woods v. DupontCalifornia Supreme Court · 1860
- Dukes v. TurnerSupreme Court of Iowa · 1876
3Cited by5 opinions
- Rowland v. GriffinSupreme Court of Arkansas · 1929
- Jones v. the Nat'l Bank of Commerce of El DoradoSupreme Court of Arkansas · 1944
- Parker v. DendySupreme Court of Arkansas · 1941
- Parker v. DendySupreme Court of Arkansas · 1941
- Parker v. DendySupreme Court of Arkansas · 1941