Kausler v. Ford
Mississippi Supreme Court
Appeal from chancery court of Hinds county, 1st district. Cabaniss, Chancellor. The opinion of the court contains a sufficient statement of the case. Contended, that, the attempt being to subject the land to pay a note, which it is insisted was given in lieu of the lien note, but with a reservation of the lien, it must be proven that the note was given with the express reservation of the lien; and this must he brought to the express knowledge of George Kausler.
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Appeal from chancery court of Hinds county, 1st district. Cabaniss, Chancellor. The opinion of the court contains a sufficient statement of the case. Contended, that, the attempt being to subject the land to pay a note, which it is insisted was given in lieu of the lien note, but with a reservation of the lien, it must be proven that the note was given with the express reservation of the lien; and this must he brought to the express knowledge of George Kausler. That, as a legal implication and presumption, that in a case where it is shown that Ford and Downing’s vendee has surrendered to him…
1Opinion of the Court
SlMRALL, J.:
The 3d of February, 1857, R. L. Buck agreed to purchase from Downing & Ford a plantation in Washington and Issaquena counties, containing 1777 acres, for the price of about $17,000; three thousand dollars to be paid in hand and the balance in four annual installments, represented by promissory notes. As soon as convenient, Ford, in whom was the legal title, and who resided in Kentucky, was to make a deed of conveyance to Buck. By the agreement the vendors retained a lien on the property for the consideration money, and the same reservation was to be contained in the deed. On the…
2Cases cited2 opinions
- Guion v. KnappNew York Court of Chancery · 1836
- United States v. DuncanIllinois Supreme Court · 1850
3Cited by7 opinions
- Ross-Meehan Brake Shoe Foundry Co. v. Pascagoula Ice Co.Mississippi Supreme Court · 1895
- Talcott v. HurlbertCalifornia Supreme Court · 1904
- Pongetti v. Bankers Trust Savings & Loan Ass'nMississippi Supreme Court · 1979
- Cochran v. Deposit Guar. Nat. BankMississippi Supreme Court · 1987
- In Re WhitefootUnited States Bankruptcy Court, N.D. Mississippi · 2004
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