Burroughs v. Gilliland
Mississippi Supreme Court
From the chancery court of Attala county. Hon. James F. McOool, chancellor. The appellees, Jones A. Gilliland and Mrs. Pattie Lee Gilliland, executrix and sole devisee of the will and estate of her deceased husband, John W. Gilliland, were complainants in the court below, and the appellants, N. T. Burroughs, administrator of the estate of Boy O. Burroughs, deceased, and others, heirs at law of Boy O. Burroughs, were defendants there.
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From the chancery court of Attala county. Hon. James F. McOool, chancellor. The appellees, Jones A. Gilliland and Mrs. Pattie Lee Gilliland, executrix and sole devisee of the will and estate of her deceased husband, John W. Gilliland, were complainants in the court below, and the appellants, N. T. Burroughs, administrator of the estate of Boy O. Burroughs, deceased, and others, heirs at law of Boy O. Burroughs, were defendants there. From a decree overruling their demurrer to the bill of complaint the defendants appealed to the supreme court: Complainants’ bill prayed that a vendor’s lien in…
1Opinion of the CourtMayes, J.
In the case of Griffin v. Byrd, 74 Miss., 32, 19 South., 717, in speaking of the cases in which a lien in favor of the vendor of real estate is raised, the court says: “The.rule of law on this subject is that the vendor’s lien is only raised when there is a fixed sum of money due from the vendee to the vendor as purchase money for the land conveyed” — citing Peters v. Tunnell, 43 Minn., 473, 45 N. W., 867, 19 Am. St. Rep., 252; 28 Am. & Eng. Ency., p. 166, note 2, and cases there cited. *135When this deed, made Exhibit 0 to the bill of complaint, is examined in the light of the rule thus…
2Cases cited4 opinions
- Peters v. TunellSupreme Court of Minnesota · 1890
- Hall v. Eastman, Gardiner & Co.Mississippi Supreme Court · 1906
- Patterson v. EdwardsMississippi Supreme Court · 1855
- Griffin v. ByrdMississippi Supreme Court · 1896
3Cited by3 opinions
- Hastings-Stout Co. v. J. L. Walker & Co.Mississippi Supreme Court · 1932
- Mitts v. PriceMississippi Supreme Court · 1922
- Miller v. PhillipsSupreme Court of Alabama · 1938