Chaffe v. Patterson
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. Susan R. Henry, wife of B. W. Henry, was the owner of a plantation in Hinds County, part of which she had possessed for many years. The remainder she bought from S. W. Montgomery, and the purchase-money was evidenced by three notes secured by a special vendor’s lien reserved in the recorded deed.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. Susan R. Henry, wife of B. W. Henry, was the owner of a plantation in Hinds County, part of which she had possessed for many years. The remainder she bought from S. W. Montgomery, and the purchase-money was evidenced by three notes secured by a special vendor’s lien reserved in the recorded deed. While things were in this condition she arranged with John Chaffe & Sons, on February 12, 1880, to advance money and supplies for the plantation and her family, and also money to take up the first one of the outstanding…
1Opinion of the CourtCampbell, C. J.
The suit of the appellants to enforce their demand against Mrs. Henry’s separate estate did not constitute a lis pendens as to her estate generally, although it was described in the bill, and did not bind such estate in the hands of the appellees, who were purchasers from her during the pendency of the suit. But said suit was a Us pendens as to so much of the bill as averred that the money of the complainants was devoted to the payment of a note to Montgomery, which was a lien on part of the land described in the bill, and the appellees were affected with notice that in that suit a decree…
2Cited by1 opinion
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