Hughston v. Nail
Mississippi Supreme Court
From the chancery court of Attala county. Hon. T. B. Graham, Chancellor. On June 10, 1892, the administrator and heirs at law of S. Y. Hughston filed their bill of complaint for the enforcement of a vendor’s lien upon certain lands sold and conveyed by their ancestor to one N. J. Nail, on April 22, 1879. The two notes evidencing the unpaid purchase money bear the same date as the deed, and fell due, respectively, on November 1, 1880, and November 1, 1881. The bill alleges…
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From the chancery court of Attala county. Hon. T. B. Graham, Chancellor. On June 10, 1892, the administrator and heirs at law of S. Y. Hughston filed their bill of complaint for the enforcement of a vendor’s lien upon certain lands sold and conveyed by their ancestor to one N. J. Nail, on April 22, 1879. The two notes evidencing the unpaid purchase money bear the same date as the deed, and fell due, respectively, on November 1, 1880, and November 1, 1881. The bill alleges that Nail died on March 4, 1885, and that there had never been any administration on his estate. The defendants, who are…
1Opinion of the CourtWoods, J.
The notes sued on were barred under § 2683, code of 1880. In Weir v. Monahan, 67 Miss., 434, this section was considered *286and the question presented by appellants determined adversely to the contention of their counsel in the present case.
The cases cited and relied on for a reversal — viz.: Clayton, Admr., v. Merritt, 52 Miss., 353; Cook v. Reynolds, 58 Miss., 243, and Boyce v. Francis, 56 Miss., 573—were all determined under § 2162, code of 1871, while that code was the law of the land, and before the code of 1880 was in existence.
The decree of the court below followed Weir v. Monahan, and is…
2Cases cited3 opinions
- Weir v. MonahanMississippi Supreme Court · 1889
- Clayton v. MerrettMississippi Supreme Court · 1876
- Cook v. ReynoldsMississippi Supreme Court · 1880