Pitts v. Parker
Mississippi Supreme Court
Appeal from the. chancery court of Hinds county. Watts, J. The appellant assigns the following, as error: That the court below erred in overruling the demurrer of appellants, to the bill of Peter A. Parker and E. E. McGowan. • Insisted that the relation of vendor and vendee does not exist between these parties; the deed from Bju-am to McGowan, contains no reservation of any lien; the note contains none, but merely recites that it was given for the payment of the purchase…
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Appeal from the. chancery court of Hinds county. Watts, J. The appellant assigns the following, as error: That the court below erred in overruling the demurrer of appellants, to the bill of Peter A. Parker and E. E. McGowan. • Insisted that the relation of vendor and vendee does not exist between these parties; the deed from Bju-am to McGowan, contains no reservation of any lien; the note contains none, but merely recites that it was given for the payment of the purchase money for the land. This creates no lien, express or implied. The decisions to this effect are numerous. The assignee of •…
1Opinion of the Court
Sime all, J.:
E. B. McGowan and Peter A. Parker, brought their bill in chancery against the administrator and heirs of John Ooon deceased, and Erwin Lewis; asserting a lien on a tract of land described in the pleadings.
The bill alleges that on the 12th September, A. D. 1859, McGowan bought the land from J. 0. Byram, for the price of $700, secured by note payable 1st January, A. D. 1861, specifying on its face that its consideration was the land. The land was conveyed to McGowan by deed. The note was transferred to Parker by Byram (without indorsement), by delivery, who thereby became the owner…
2Cases cited4 opinions
- Crippen v. HeermanceNew York Court of Chancery · 1841
- Slaughter v. GarlandMississippi Supreme Court · 1866
- Wilkins v. HumphreysMississippi Supreme Court · 1852
- Lock v. JayneMississippi Supreme Court · 1860
3Cited by8 opinions
- Robinson v. AppletonIllinois Supreme Court · 1888
- Howell v. BushMississippi Supreme Court · 1877
- Strickland v. KirkMississippi Supreme Court · 1875
- Enochs v. HarrelsonMississippi Supreme Court · 1879
- Cummings v. OglesbyMississippi Supreme Court · 1874
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