Anderson's Administrator v. Wells
Court of Appeals of Kentucky
Appeal prom the Mason Circuit. Chancery. Case 121. ■She case stated, If a lien exists in favor of the assignor of a bond for title to land, against a remote assignee with notice, it is in analogy to the lien of a vendor who has conveyed by absolute deed,.and can be carried no further.
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Appeal prom the Mason Circuit. Chancery. Case 121. ■She case stated, If a lien exists in favor of the assignor of a bond for title to land, against a remote assignee with notice, it is in analogy to the lien of a vendor who has conveyed by absolute deed,.and can be carried no further. A seller of a title bond for land, who tabes personal security for the price, has no lien upon the land called for by the bond. —Nor has he any lien as agains't an innocent purchaser, bona fide, without notice that the price is not paid. The assignment of a bond for title to land is a tiansfer of all the legal…
1Opinion of the CourtChief Justice Ewing
Peter Philips purchased from Long a lot in Dover, paid the consideration, $100,and took his bond for a conveyance. Philips afterwards sold the lot to Smith, and took from him as the consideration, three seyeral note» *541for $83 331 cents each, with Potts and Parker as bis sin reties, and assigned to Smith the'title bond of Long. Smith assigned the bond-to Potts his surety, who after-wards assigned the same to Parker, the other surety. Parker being indebted to Wells assigned the bond to him, in part security, -of a debt, at the same time executing to him in further security, a mortgage upon some…
2Cited by3 opinions
- Tennis Coal Co. v. AsherCourt of Appeals of Kentucky · 1911
- Brown v. BlankenshipCourt of Appeals of Kentucky · 1900
- McBrayer v. CollinsCourt of Appeals of Kentucky · 1858