Legal Opinion

Chisholm v. Andrews

Mississippi Supreme Court

Decided April 15, 1880PublishedCited by 1 opinion

Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. The judgment-creditor of the vendor can subject the unpaid purchase-money in the vendee’s hands. Money v. Dorsey, 7 S. & M. 15. A purchaser at the execution sale takes the vendor’s interest in the land, subject to prior equities. Bell v. Flaherty, 45 Miss. 694. His rights relate back through the sheriff’s. deed to the judgment, and he obtains the judgment-creditor’s rights.

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Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. The judgment-creditor of the vendor can subject the unpaid purchase-money in the vendee’s hands. Money v. Dorsey, 7 S. & M. 15. A purchaser at the execution sale takes the vendor’s interest in the land, subject to prior equities. Bell v. Flaherty, 45 Miss. 694. His rights relate back through the sheriff’s. deed to the judgment, and he obtains the judgment-creditor’s rights. Coche v. Lane, 3 S. & M. 763 ; Kelly v. Mills, 41 Miss. 267; Walton v. Hargroves, 42 Miss. 18 ; Lambeth v. Elder, 44 Miss. 80 ; Humphreys v.…

1Opinion of the CourtChalmers, J.

The appellant having purchased, or attempted to purchase, at execution sale, a tract of land, which the defendant in execution had sold by title-bond before the rendition of the judgment, and of which the vendee under the title-bond held possession, filed this bill to ascertain and reach the interest of the vendor. The bill cannot be maintained. It is the settled doctrine of this court that the vendor of land by title-bond, where any part of the purchase-money has been paid, has no interest in the land which is vendible under execution. Money v. Dorsey, 7 S. & M. 15 ; Taylor v. Lowenstein, 50…

2Cases cited3 opinions

  1. Buckley v. DaleyMississippi Supreme Court · 1871
  2. Taylor v. Lowenstein. & Bro.Mississippi Supreme Court · 1874
  3. Bell v. FlahertyMississippi Supreme Court · 1871

3Cited by1 opinion

  1. Strauss v. WhiteSupreme Court of Arkansas · 1899

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