Hecht v. Spears
Supreme Court of Arkansas
APPEAL ER0JI RANDOLPH CIRCUIT COURT. ‘ Hon. Elisha Baxter, Circuit Judge. It is settled law that a vendor has a lien for the purchase money, though he make the purchaser an absolute deed, reciting the receipt of the purchase'money; and this, as against the vendee or a person purchasing with notice that , the purchase money is unpaid.
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APPEAL ER0JI RANDOLPH CIRCUIT COURT. ‘ Hon. Elisha Baxter, Circuit Judge. It is settled law that a vendor has a lien for the purchase money, though he make the purchaser an absolute deed, reciting the receipt of the purchase'money; and this, as against the vendee or a person purchasing with notice that , the purchase money is unpaid. Scott vs. Orbison, 21 Ark., 202; Harris ■vs. Hanks, 25 Id., 510. Also, that the mere assignment of the note, under such circumstances, does not carry with it the vendor’s lien. Shall vs. Biscoe, 18 Ark., 162; Simpson vs. Montgomery, 25 Id., 372. Whether the…
1Opinion of the Court
Bennett, J.-
-Levi Hecht brought his complaint, in chancery, against the administrator of John Dodd, deceased, and against the widow of Dodd and her husband, she having-married after Dodd’s death.
The complaint alleges that one Campbell had sold Dodd’ a tract of land, for which Dodd gave Campbell his note for-five hundred dollars, for one-half of the purchase money Campbell giving a deed for the land. Afterwards, Campbell transferred the note to Hecht, the complainant, by an indorsement in words and figures as follows
“For value received, I assign and transfer -the within note,, together with…
2Cases cited1 opinion
- Richards v. LeamimgIllinois Supreme Court · 1862
3Cited by3 opinions
- Powers v. JohnsonCourt of Appeals for the Eighth Circuit · 1934
- Hardin v. HooksSupreme Court of Arkansas · 1904
- In re Sweet Laboratories Co.District Court, S.D. Ohio · 1919