Thornton v. Knox's Ex'r
Court of Appeals of Kentucky
Error to the Bourbon Circuit. Chancery. Case 18. The case stated. Decree of the .Circuit Court. The general rule is, that a vendor has a lien for the purchasemoney, unless it is waived, as well against the vendee as subsequent purchaser» with notice.
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Error to the Bourbon Circuit. Chancery. Case 18. The case stated. Decree of the .Circuit Court. The general rule is, that a vendor has a lien for the purchasemoney, unless it is waived, as well against the vendee as subsequent purchaser» with notice. A purchaser is bound to notice recitals in deed» constituting the claim of title, through which he claims, and a recital that the deed is made upon a consideration paid and secured to be paid, is notice that it is unpaid, and the lien of vendor respected. The execution of a note, bond or the acceptance of a bill of exchange by vendor, for the…
1Opinion of the Court
Judge Breok
delivered the opinion of the Court.
Isabella Knox sold and conveyed to Henry Towles, an undivided eighth part of one hundred acres of land in the county of Bourbon. The deed, which was duly executed and recorded on the 20th April, 1839, recites that it was made “in consideration of the sum of nine hundred, thirty seven and a half dollars, to me in hand paid, or secured to be paid, the receipt whereof is hereby acknowledged.”
In March, 1842, Towles mortgaged the land thus acquired, with other lands and property, to Thornton, &c., plaintiffs in error, to secure the payment of a large…
2Cases cited2 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Johnston v. GwathmeyCourt of Appeals of Kentucky · 1823
3Cited by5 opinions
- Deason v. TaylorMississippi Supreme Court · 1876
- Gaston & Thomas v. DashiellTexas Supreme Court · 1881
- Burdett v. ClayCourt of Appeals of Kentucky · 1847
- Young v. Wood & AbbotCourt of Appeals of Kentucky · 1850
- Kincaid v. Brown's EstateCourt of Appeals of Kentucky · 1953