McLain v. Thompson
Mississippi Supreme Court
Appeal from tbe Chancery Court of Lincoln County. Hon. John B. Deason, Chancellor. A full statement of the material facts in this case will be found in the opinion of the court. The error assigned is that the chancery court decreed a lien on the land in favor of appellee, and decreed the enforcement thereof. 1. Thompson held the note of McLain, which gave him an implied equity as vendor.
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Appeal from tbe Chancery Court of Lincoln County. Hon. John B. Deason, Chancellor. A full statement of the material facts in this case will be found in the opinion of the court. The error assigned is that the chancery court decreed a lien on the land in favor of appellee, and decreed the enforcement thereof. 1. Thompson held the note of McLain, which gave him an implied equity as vendor. Mrs. McLain gave her note to Thompson and took up her husband’s note, which operated as a hen. Did not Thompson transfer the hen to Mrs. McLain, and release to her the lien he held on the land ? The nature of…
1Opinion of the CourtSimRall, C. J.
Webb and wife sold to Jesse Thompson certain lots of ground in the town of Brookhaven, for $2,500, but made no deed. Shortly afterwards Thompson bargained to sell the same lots to McLain for $2,250, half of which was paid down. At the request of McLain the deed was made to his wife directly from Webb and -wife, and McLain gave his note for the balance of the purchase money.
McLain died, leaving a balance of over $800 unpaid on his note. After his death his widow, Nancy McLain, on the representation of Thompson, “that the land was bound for the balance of the purchase money,” took up her…
2Cases cited1 opinion
- Campbell v. HenryMississippi Supreme Court · 1871