Tanner v. Hicks
Mississippi Supreme Court
In error from the district .chancery court held at Holly Springs, before the Hon. Henry Dickinson, Vice-Chancellor. Gideon E. Hicks filed his bill in the vice-chancery court, alleging that on the 6th of March, 1840, Robert L. Travis entered into a contract with Nathaniel H. Tanner for the sale of a tract of land; that Travis executed to Tanner his bond, to make title to the land upon the payment of the purchase-money, and that Tanner executed his two notes of the same date…
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In error from the district .chancery court held at Holly Springs, before the Hon. Henry Dickinson, Vice-Chancellor. Gideon E. Hicks filed his bill in the vice-chancery court, alleging that on the 6th of March, 1840, Robert L. Travis entered into a contract with Nathaniel H. Tanner for the sale of a tract of land; that Travis executed to Tanner his bond, to make title to the land upon the payment of the purchase-money, and that Tanner executed his two notes of the same date to Travis, for the purchase-money, payable in one and two years, for one hundred and twenty-five dollars each ; that…
1Opinion of the CourtJustice Clayton
The points presented by this record are, 1. Whether a vendor of land, who has taken the notes of the purchaser, and given bond to convey the title when the purchase-money is paid, can pass his lien for the purchase-money by an assignment of the notes 1 2. Whether a bill filed for a specific performance of the contract, or in the event of failure to pay, to enforce the lien, can be maintained, if filed in the names of both the vendor and his assignee.
*300That such bill can be maintained, if filed by the vendor alone, has been settled by this court in the case of Dollahite v. Orne, 2 S. & M. 590.…
2Cases cited1 opinion
- Kenny v. CollinsCourt of Appeals of Kentucky · 1823