Allen v. Poole
Mississippi Supreme Court
Appeal from the Chancery Court of Bolivar County. Hon. E. Stafford, Chancellor. 1. Mrs. Poole had not a lien on the land for the unpaid purchase-money as against Thomas H. Allen, who was a purchaser for value without notice.
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Appeal from the Chancery Court of Bolivar County. Hon. E. Stafford, Chancellor. 1. Mrs. Poole had not a lien on the land for the unpaid purchase-money as against Thomas H. Allen, who was a purchaser for value without notice. Patterson v. Edwards, 29 Miss. 67; 1 S. & M. 197; 44 Miss. 608 ; 42 Miss. 18 ; 6 S. & M. 702; 6 S. & M. 286 ; 43 Miss. 260 ; Cordon v. Manning, 44 Miss. 756; Wright v. Smith, 43 Ga. 291; Bank v. Delano, 48 N. Y. 326 ; Burch v. Garter, 44 Ala. 115; Wailes v. Cooper, 24 Miss. 208; Johnson v. Thweatt, 18 Ala. 741; Van Doren v. Boiinson, 16 N. J. Eq. 256; Burrus v. Boulhac, 2…
1Opinion of the CourtSimrall, C. J.
This was a bill brought by Emily Poole and her husband, to enforce the vendor’s lien on land, which had come by mesne conveyances from her vendee to the plaintiff in error, Thomas H. Allen, who claims title to one-fifth of the property by mesne conveyances, which go back to the purchaser under the decree of foreclosure of the mortgage executed by Mrs. Poole to Trimble & Lightfoot. If that mortgage is valid, then Allen has become invested with the entire estate in the lands on which Mrs. Poole asserts the vendor’s lien.
In 1868, Mrs. Poole, with two of her brothers, mortgaged their interests in…
2Cases cited14 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Miller v. SherrySupreme Court of the United States · 1865
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Irvine v. IrvineSupreme Court of the United States · 1870
- Jackson ex dem. Wallace v. CarpenterNew York Supreme Court · 1814
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3Cited by20 opinions
- Norris v. IleIllinois Supreme Court · 1894
- Walker v. WilliamsMississippi Supreme Court · 1904
- Alliance Trust Co. v. Nettleton Hardwood Co.Mississippi Supreme Court · 1896
- Brandt v. ScribnerArizona Supreme Court · 1910
- JONES (WHEELER) v. JonesMississippi Supreme Court · 1964
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