Kilcrease v. Lum
Mississippi Supreme Court
Appeal» from tbe Chancery Court of Copiah county. Hon. John E. McNair, chancellor. The appellees, Lum and wife, filed their bill in the court below against the appellant, to enforce their lien on certain land, which, they alleged, they held as the vendors of the said land to one Cook, for balance of the purchase-money due by Cook to them.
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Appeal» from tbe Chancery Court of Copiah county. Hon. John E. McNair, chancellor. The appellees, Lum and wife, filed their bill in the court below against the appellant, to enforce their lien on certain land, which, they alleged, they held as the vendors of the said land to one Cook, for balance of the purchase-money due by Cook to them. They alleged their sale to Cook, and the recovery of a judgment against him at law for the purchase-money, and that said judgment was entered, and that Cook was insolvent. They also alleged that after their sale to Cook, that Cook had mortgaged the land to…
1Opinion of the CourtHarris, J.
This was a bill filed by appellees, to enforce the vendor’s lien. The appellants resist the decree on the ground that they are innocent purchasers, without notice of complainant’s lien. A decree of reference was had in the court below, a report by the commissioner, and final decree for complainants, to reverse which, this appeal is prosecuted. The errors assigned are:
1st. That the evidence, in view of the answer, did not sustain the allegations of the bill.
2d. Because the notice of the taking of the account before the commissioner was insufficient.
In view of the answer in this case, no proof…
2Cited by4 opinions
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- Mills v. Damson Oil CorporationCourt of Appeals for the Fifth Circuit · 1982