Cole v. Haynes

The principal questions are whether the contract between the parties is an option or contract of sale, and if the latter, whether a vendee in an executory contract of sale of land has an equitable lien on that land for the return of his down-payment, upon the failure of the seller to make a good title. This is an appeal from a decree of the Chancery Court of Holmes County sustaining the general demurrer of appellee, defendant below, A. P. Haynes, to the bill of complaint of appellant, complainant below, T. C. Cole. An appeal was allowed to settle controlling questions of law. Hence for…