Cochran v. Wimberly
Mississippi Supreme Court
Error to the circuit court of DeSoto county. Vance, The facts are sufficiently stated in the opinion of the court. Plaintiffs assign for error, that the court below erred in not giving the plaintiffs a lien on the land for the sum of fifteen hundred dollars, the amount found by the jury. It is true that Rutland did have a lien for the payment of twelve thousand dollars. Six thousand dollars of the purchase money had been paid by Wimberly to Rutland.
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Error to the circuit court of DeSoto county. Vance, The facts are sufficiently stated in the opinion of the court. Plaintiffs assign for error, that the court below erred in not giving the plaintiffs a lien on the land for the sum of fifteen hundred dollars, the amount found by the jury. It is true that Rutland did have a lien for the payment of twelve thousand dollars. Six thousand dollars of the purchase money had been paid by Wimberly to Rutland. Then Wimberly had an interest in the land, to which plaintiff’s lien would attach, and such an interest as defendant, Rutland, was willing to…
1Opinion of the Court
Simeall, J. :
J. J. Williamson filed his petition in the circuit court of EeSoto county, asserting a lien on a building and lands, against Wimberly and wife, other parties claiming a lien on their respective applications, were made parties plaintiffs. Pending the suit, Wimberly and wife sold and conveyed the property to Rutland, who by amended petition, was made a defendant. It appears that Wimberly had purchased the property, for the price of $18,000, from Rutland, and had given notes, in several annual installments therefor, which are specifically described in the deed. Rutland retained in…
2Cases cited2 opinions
- Buchanan v. SmithMississippi Supreme Court · 1870
- Bell v. CooperMississippi Supreme Court · 1854