Chapman v. Liggett
Supreme Court of Arkansas
APPEAL fi’om White Circuit Court in Chancery. Hon. J. W. Martin, Circuit Judge, in exchange of circuits . Where a purchase money note is re-assigned to the vendor, thus uniting the debt and the lien in the same party, he can enforce the lien. 33 Ark., 78; 18 Ala., 371; 29 Ark., 218 and 440; 24 Id., 566. A vendor of land has a lien not only against his vendee, but against all subsequent purchasers with notice. 18 Ark., 142. The vendor’s lien is personal, and does not pass…
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APPEAL fi’om White Circuit Court in Chancery. Hon. J. W. Martin, Circuit Judge, in exchange of circuits . Where a purchase money note is re-assigned to the vendor, thus uniting the debt and the lien in the same party, he can enforce the lien. 33 Ark., 78; 18 Ala., 371; 29 Ark., 218 and 440; 24 Id., 566. A vendor of land has a lien not only against his vendee, but against all subsequent purchasers with notice. 18 Ark., 142. The vendor’s lien is personal, and does not pass with the assignment of the purchase money note; and if the land be sold to a party who has no notice, of the lien, before…
1Opinion of the CourtSmith, J.
0^,N~ LIEN; In July, 1879, Chapman sold and conveyed to Liggett forty acres of land, taking his note for two hundred dollars, part of the purchase money, payable ber 1, 1880. Thé deed reserves no lien, but recites ment of the consideration. Chapman afterwards assigned the note to one Mrs. Lawrence as a collateral security for a debt he owed her; but she, before the paper matured, re-assigned it to him. In the meantime, and while the note was in the hands of Mrs. Lawrence, Liggett, in consideration of five hundred dollars, then paid to him, executed a deed for the same land tó Williams.
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