McBrayer v. Collins
Court of Appeals of Kentucky
Case 53. Pet. E«- APPEAL FROM ANDERSON- CIRCUIT. Case States. On the 19th April, 1853; J. C Buckley sold-a tract of land to S. H. Buckley, and gave him a title bond to convey the same. On the 17th of August, 1853, S. H. Buckley assigned said bond to James W. Yount, and on the 12th February, 1855, Yount assigned thp bond to R. D. Collins.
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Case 53. Pet. E«- APPEAL FROM ANDERSON- CIRCUIT. Case States. On the 19th April, 1853; J. C Buckley sold-a tract of land to S. H. Buckley, and gave him a title bond to convey the same. On the 17th of August, 1853, S. H. Buckley assigned said bond to James W. Yount, and on the 12th February, 1855, Yount assigned thp bond to R. D. Collins. S. H. Buckley assigned to McBrayer a note for the purchase money 'on Yount, of $300, executed 17th August, 1853, due 25th- December, 1855; and Yount assigned to Taylor a note executed 12th February, 1855, by Collins to him-for $450, due 12th February, 1856,…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
In the case of Anderson's adm'r. vs. Wells, 6 B. Mon. 541., it was said by this court, that if a lien for the consideration exist in favor of the assignor of a bond for a title, against a remote assignee with notice, the lien is sustained only in analogy to the lien which exists in favor of the vendor who has conveyed by absolute deed, and can be carried no further. The reason for this doctrine is, that the assignment of the bond for a title, is a transfer of the legal title to the same, and, as. effectually invests the assignee with all the-…
2Cases cited1 opinion
- Anderson's Administrator v. WellsCourt of Appeals of Kentucky · 1846