Servis v. Beatty
Mississippi Supreme Court
Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. This was a bill, filed in the Superior Court of Chancery, to enforce the vendor’s lien for the unpaid purchase-money on certain land sold by the complainant’s intestate to Beatty, one of the defendants, and by him afterwards sold to Killingsworth, the other defendant.
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Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. This was a bill, filed in the Superior Court of Chancery, to enforce the vendor’s lien for the unpaid purchase-money on certain land sold by the complainant’s intestate to Beatty, one of the defendants, and by him afterwards sold to Killingsworth, the other defendant. The bill in substance charged, that on the 3d day of January, 1837, one Josiah Stone bargained and sold to defendant, William Beatty, certain lands, for about the sum of $13,800, to secure the payment of which, Beatty executed his promissory notes,…
1Opinion of the Court
Smith, C. J".,
delivered the opinion of the court.
This was a bill filed in the Superior Court of Chancery by the complainant, David L. Servís, to enforce the vendor’s lien for the payment of the purchase-money of land sold by his intestate.
The facts charged in the bill, are substantially as follows: — In *77January, 1837, Josiab Stone sold to William Beatty, one of tbe appellees, a tract of land; Beatty gaye bis notes, to secure tbe purchase-money, payable, respectively, on tbe first of January, 1838, 1839 and 1840, and took from Stone a title bond, conditioned to make a deed in fee simple for…
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