Lavender v. Abbott
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court in Chancery. Hon. P. C. Dooley, Circuit Judge. The note never was secured by a lien on the lands sought to be subjected. 2 Washburne R. P., 91. John Wells is an assignee of the note. Co. Lit., sec. 12; 2 Blacks Com., 241; 2 Redf. Wills, 356. Vendor’s lien does not pass to him.
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APPEAL from Arkansas Circuit Court in Chancery. Hon. P. C. Dooley, Circuit Judge. The note never was secured by a lien on the lands sought to be subjected. 2 Washburne R. P., 91. John Wells is an assignee of the note. Co. Lit., sec. 12; 2 Blacks Com., 241; 2 Redf. Wills, 356. Vendor’s lien does not pass to him. Shall v. Biseoe, 18 Ark., 142; Williams v. Christian, 23 lb., 255; Simpson v. Montgomery, 25 lb., 372.; Heeht v. Spears, 27 lb., 229; lb., 518. Abbott’s testimony concerning conversations with DuBose is incompetent. Const, of 1868, art. 7, sec. 22. Giles v. Wright, 26 Ark., 476. Lien…
1Opinion of the Court
Walker, J.:
This suit was brought by Abbott as administrator of the estate of John Wells, to enforce an equitable lien upon certain lands, and to subject them to the payment of a note given for part of the purchase money.
There was also a cross bill filed by Charles P. Cochran and others, in which they set up a judgment against the estate of Alfred B. C. DuBose, which they claim to be a lien upon the lands claimed to be subject to the equitable lien of complainant in the original bill, and that their debt was contracted upon- the faith that DuBose was the owner of the land, and that it was…
2Cited by8 opinions
- Bowen v. LansingMichigan Supreme Court · 1901
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Lay v. GainesSupreme Court of Arkansas · 1917
- Howes v. KingSupreme Court of Arkansas · 1917
- Rader v. DawesMissouri Court of Appeals · 1983
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