Johnson v. Graves
Supreme Court of Arkansas
APPEAL PROM ASIILEY CIRCUIT COURT. IIon. Henry B. Morse, Circuit Judge. A vendor’s lien will not prevail against a purchaser without notice. Petit vs. Johnson, 15 Ark., -55; Shall vs. Biscoe, 15 Ark., 142. Mortgagees and trustees in conveyances made to secure the payment of debts are purchasers.
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APPEAL PROM ASIILEY CIRCUIT COURT. IIon. Henry B. Morse, Circuit Judge. A vendor’s lien will not prevail against a purchaser without notice. Petit vs. Johnson, 15 Ark., -55; Shall vs. Biscoe, 15 Ark., 142. Mortgagees and trustees in conveyances made to secure the payment of debts are purchasers. Leading Cases in Equity II TP., vol. 1, p. 277; Story’s Equity, vol. 2, p. 481, see. 1229. A vendor’s lien will not prevail against a conveyance to creditors in consideration of antecedent debts. Bayley ,vs. Greenleaf, 7 Wheaton, 46; 'Dunlap vs. Burnett et al., Smedes $ Marshall, vol. 5,^.702-710;…
1Opinion of the CourtStephenson, J.
In October, 1860, Graves sold to Bell certain lands in Ashley county, for $2000, and took his promissory notes therefor. Graves made Bell a deed to the land and put him in possession, and now files his bill to enforce his vendor’s lien.
Graves alleges in his bill that James TI. Johnson is in possession of the land under a trust deed from Bell, in favor of his (Bell’s) creditors, to secure certain debts due them prior to his sale of the land to Bell.
Johnson, answering for himself and Bell, admits all the allegations of t'he bill, but avers that he is an innocent,purchaser, -without notice of…
2Cases cited2 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Chance v. McWhorterSupreme Court of Georgia · 1858
3Cited by3 opinions
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Miller v. MattisonSupreme Court of Arkansas · 1912
- Ames Iron Works v. Kalamazoo Pulley Co.Supreme Court of Arkansas · 1896