Harvey v. Kelly
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah county. Hon. John E. McNair, chancellor: 1. That the lien of the vendor is not affected by taking the note of the vendee payable in specific articles. Plowman v. Pidclle, U Ala.
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Appeal from the Chancery Court of Copiah county. Hon. John E. McNair, chancellor: 1. That the lien of the vendor is not affected by taking the note of the vendee payable in specific articles. Plowman v. Pidclle, U Ala. R. 196. 2.'The taking of security is a waiver of the lien unless otherwise expressly stipulated. ■ Way v. Patty, 1 Carter, Ind. 102. If it be contended that the agreement to receive lumber in payment of the note was in the nature of security (which it is contended it was not, but only a convenience in the mode of payment), yet the note expressly reserves the lien. 1. That…
1Opinion of the CourtEllett, J.
The appellant filed his bill in the Chancery Court of Copiah county to enforce a lien on certain land for the unpaid purchase-money. The bill alleges that complainant and the defendant Kelly were joint owners of the land in question, and that on the 28th of October, 1861, complainant sold his interest, which was one-half, to Kelly for the consideration of $2,520.22. The deed is filed as Exhibit A. That Kelly gave his note for the purchase-money, dated October 30th, 1861, which is filed as *492Exhibit B, and that said note is unpaid, except $1,080, which is credited on it. That Kelly about the 6th…
2Cases cited1 opinion
- Patterson v. EdwardsMississippi Supreme Court · 1855
3Cited by9 opinions
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- Young v. HarrisSupreme Court of Arkansas · 1880
- Winters v. FainSupreme Court of Arkansas · 1886
- Scott v. PilipoHawaii Supreme Court · 1914
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