Legal Opinion

Cummings v. Moore

Mississippi Supreme Court

Decided October 15, 1883PublishedCited by 1 opinion

Appeal from the Chancery Court of Itawamba County. Hon. L. Haughton, Chancellor. A bill filed by the appellant against the appellee, to which the latter’s demurrer was sustained, sought to enforce a vendor’s lien upon the allegations that land which the complainant conveyed to J. A. Walton was, on December 6, 1875, sold ivith his consent by Walton to the appellee, who gave the complainant his note in lien of Walton’s obligation for the purchase-money.

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Appeal from the Chancery Court of Itawamba County. Hon. L. Haughton, Chancellor. A bill filed by the appellant against the appellee, to which the latter’s demurrer was sustained, sought to enforce a vendor’s lien upon the allegations that land which the complainant conveyed to J. A. Walton was, on December 6, 1875, sold ivith his consent by Walton to the appellee, who gave the complainant his note in lien of Walton’s obligation for the purchase-money. The land is subject to the debt evidenced by the substituted vendee’s note. By accepting this new debtor, the original vendor did not waive his…

1Opinion of the CourtCooper, J.

In the case of Pouns v. Gartman, 29 Miss. 133, the vendor of lands became administrator of the estate of the vendee, who was debtor for the purchase-money. By an agreement between himself and the heirs of the vendee, some of whom were minors, he sold the lands to one Sones, taking his notes for the purchase-money in lieu of those of the original vendee. On one of these notes suit was brought at law and a judgment recovered. The heirs-at-law of the original vendee filed their bill against Sones to cancel his title, and obtained a decree to that effect. The administrator of the vendee then…

2Cases cited1 opinion

  1. Pouns v. GartmanMississippi Supreme Court · 1855

3Cited by1 opinion

  1. Hart v. GardnerMississippi Supreme Court · 1902

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