Skaggs v. Nelson
Mississippi Supreme Court
In error from the circuit court of Lowndes county ; Hon. F. M. Rogers, judge. Taylor Nelson filed his bill on the chancery side of the docket, in the circuit court of Lowndes county, asserting an equitable lien for the purchase-money of a certain tract of land by substitution to the lien of the vendor of the land.
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In error from the circuit court of Lowndes county ; Hon. F. M. Rogers, judge. Taylor Nelson filed his bill on the chancery side of the docket, in the circuit court of Lowndes county, asserting an equitable lien for the purchase-money of a certain tract of land by substitution to the lien of the vendor of the land. The bill sets up that one Jonathan T. Nelson was the owner -of the land, and bargained the same, by said Taylor Nelson, the complainant, as agent to said Skaggs, and conveyed the same to Skaggs by deed. That by an agreement “ complainant paid Jonathan the amount of Skaggs’s…
1Opinion of the CourtJustice Yerger
The facts of this case, as stated in the complainant’s bill, do not make a case, entitling him to any lien on the land for the notes named in the bill.
*94The vendor’s lien for the purchase-money is founded' upon an implied trust between the vendor and purchaser; and this court has distinctly held, that if the vendor makes the purchaser a deed, an assignee of a note for the purchase-money has no lien upon the land for the payment of the note. 6 How. R. 362. In the present case, the complainant was not the vendor of the land. On the contrary, he states, that “Jonathan T. Nelson sold the land to…
2Cited by9 opinions
- Howell v. BushMississippi Supreme Court · 1877
- Malone v. KaufmanTexas Supreme Court · 1873
- Perkins v. GibsonMississippi Supreme Court · 1875
- Rutland v. BristerMississippi Supreme Court · 1876
- Louisiana National Bank v. KnappMississippi Supreme Court · 1884
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