Parker v. McBee
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes County. Hon. E. W. Williamson, Chancellor. James Parker, Mary Batchelor and her husband, filed this bill on March 30, 1881, against Mary McBee and her husband, Joshua McBee, G. A. Wilson and others, alleging that, on November 22, 1870, Batchelor and wife conveyed the land in controversy to James Parker, who agreed to hold it as trustee to pay a sum of money due him as trustee for Mrs. Batchelor and for her sole use and benefit; that…
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Appeal from the Chancery Court of Holmes County. Hon. E. W. Williamson, Chancellor. James Parker, Mary Batchelor and her husband, filed this bill on March 30, 1881, against Mary McBee and her husband, Joshua McBee, G. A. Wilson and others, alleging that, on November 22, 1870, Batchelor and wife conveyed the land in controversy to James Parker, who agreed to hold it as trustee to pay a sum of money due him as trustee for Mrs. Batchelor and for her sole use and benefit; that to consummate this purpose Parker sold the land to Mary McBee, and on April 30, 1872, conveyed it by a deed which…
1Opinion of the CourtCampbell, C. J.
The lien of the vendor for the purchase-money was not waived by taking the note of the vendee and her husband for th'e price' of *138the land. The husband was not “ security ” in the sense which makes taking security an implication of an intention to waive the lien of the vendor on the land.
The lien of the vendor was not lost by the indorsement of the note by the payee upon the facts shown in the record. It was indorsed for collection merely, and was delivered to the person entitled to its proceeds, and was not assigned so as to destroy the lien of the vendor.
A recovery should be had, for…
2Cited by1 opinion
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