Legal Opinion

Skaggs v. Nelson

Mississippi Supreme Court

Decided October 15, 1852PublishedCited by 9 opinions

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

  1. Howell v. BushMississippi Supreme Court · 1877
  2. Malone v. KaufmanTexas Supreme Court · 1873
  3. Perkins v. GibsonMississippi Supreme Court · 1875
  4. Rutland v. BristerMississippi Supreme Court · 1876
  5. Louisiana National Bank v. KnappMississippi Supreme Court · 1884

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