Avent v. McCorkle
Mississippi Supreme Court
Appeal from the chancery court of Lafayette county. Stearns, Chancellor. The facts of this case will be found in the opinion of the court. The vendor’s lien is superior to the judgment lien. Lindsey v. Bates, 42 Miss. 399 ; Walton v. Hargrove, ib. 19 ; 13 Yesey, 337, 339, 340, 350 ; 2 Story’s Eq., §§ 1225,1228 ; Mills v. Kelley, 40 Miss. ; Dodge v. Evans, 44 Miss.
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Appeal from the chancery court of Lafayette county. Stearns, Chancellor. The facts of this case will be found in the opinion of the court. The vendor’s lien is superior to the judgment lien. Lindsey v. Bates, 42 Miss. 399 ; Walton v. Hargrove, ib. 19 ; 13 Yesey, 337, 339, 340, 350 ; 2 Story’s Eq., §§ 1225,1228 ; Mills v. Kelley, 40 Miss. ; Dodge v. Evans, 44 Miss. Taking a note for the unpaid purchase-money is no waiver of the vendor’s lien. 2 Story’s Eq. 1226; Muir v. Cross, 10 B. Monr. 277; Howore’s Exrs. v. Bakewell, 6 ib. 67; 1 Washb. on Real Prop. 539; 3 Bibb. 183 ; Thornton v. Knox, 6…
1Opinion of the Court
Simeall, J. :
This is a controversy as between the vendor’s lien, and judgment creditors, as to the superiority of liens.
The lands in controversy were sold and conveyed in 1850, by Thomas Avent to W. F. Avent. Part of the consideration money was paid down, and the balance was left on a credit. What was the length of the credit the record does not show. In 1860 this unpaid balance was renewed by the sealed note, or bill single of W. F. Avent, payable one day after date. The former evidence of the indebtedness was taken up, which bears interest at six per cent. The renewed note, although no rate…
2Cited by4 opinions
- Deason v. TaylorMississippi Supreme Court · 1876
- Allen v. PooleMississippi Supreme Court · 1877
- Bowmar v. PeineMississippi Supreme Court · 1886
- Arledge & Woodson v. T. J. Hail & Co.Texas Supreme Court · 1881