Hobson v. Edwards
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon, E. G. PeytoN, Chancellor. The appellant, who conveyed land to W. H. H. Green, for which the land in controversy, then the estate of Mrs. Green, was to be taken in part payment, prior to a conveyance to him, sold it to the appellee, and, to save expense, had Green and his wife make a deed directly to her, reserving no lien and reciting that the consideration had been paid.
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Appeal from the Chancery Court of Hinds County. Hon, E. G. PeytoN, Chancellor. The appellant, who conveyed land to W. H. H. Green, for which the land in controversy, then the estate of Mrs. Green, was to be taken in part payment, prior to a conveyance to him, sold it to the appellee, and, to save expense, had Green and his wife make a deed directly to her, reserving no lien and reciting that the consideration had been paid. The appellee paid the appellant the cash part of the price, and, in pursuance of an understanding with him, executed to Mrs. Green her note for the balance, reserving a…
1Opinion of the Court
Campbell, J.,
delivered tbe opinion of tbe court.
Tbe complainant bad an express lien on the land by virtue of the stipulation of the note for the purchase-money, that it should, be a lien on the land. Baker v. Field, MS.; Eskridge v. M'Clure, 2 Yerger, 84; Osborne v. Royer, 1 Lea (Tenn.), 217. Being an express lien by contract, and not a vendor’s lien, it attended the note in its transfer, and was not lost by its assignment. Stratton v. Grold, 40 Miss. 778.
The complaint of the defendant, that she did not acquire title to the land by the conveyance of Mrs. Green and her husband, because Mrs.…
2Cases cited1 opinion
- Stratton v. GoldMississippi Supreme Court · 1866
3Cited by2 opinions
- Crim v. HolsberryWest Virginia Supreme Court · 1896
- Erskine v. ForbesMississippi Supreme Court · 1886