Legal Opinion

Anderson v. Spencer

Mississippi Supreme Court

Decided April 15, 1876PublishedCited by 4 opinions

Appeal from tbe Chancery Court of Prentiss county. Hon. O. H. Whitfield, Chancellor. Spencer filed his bill, alleging that, on September 18, 1869, he was the owner of an equitable interest in the land in controversy, having purchased the same from one Williams, agent, and paid a part of the purchase money, and executed his note for the residue; that complainant at that time sold the said land to the defendant, J. M. Anderson, who was to pay the balance due to Williams, and…

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Appeal from tbe Chancery Court of Prentiss county. Hon. O. H. Whitfield, Chancellor. Spencer filed his bill, alleging that, on September 18, 1869, he was the owner of an equitable interest in the land in controversy, having purchased the same from one Williams, agent, and paid a part of the purchase money, and executed his note for the residue; that complainant at that time sold the said land to the defendant, J. M. Anderson, who was to pay the balance due to Williams, and executed his note to complainant for $450, and complainant transferred Williams’ title bond to Anderson; that Anderson…

1Opinion of the CourtCampbell, J.

The question to be decided in this case is, whether the obligee of a bond for title to land, who has paid part of the purchase money and owes a part, and bargains the land to another, assigning him the bond for title, the assignee stipulating to pay the obligor in the bond the balance of purchase money due him, and executing his note to the obligee of the bond, has a vendor’s lien on the land for the payment of the note after his assignee has paid the purchase money due to the obligor in the bond for title, and received a deed for the land ?

There is no precedent for this case among the…

2Cases cited2 opinions

  1. Warren v. FennNew York Supreme Court · 1858
  2. Richardson v. BowmanMississippi Supreme Court · 1866

3Cited by4 opinions

  1. Johns v. SeeleySupreme Court of Florida · 1927
  2. Rutland v. BristerMississippi Supreme Court · 1876
  3. Pray v. DonaldSupreme Court of Iowa · 1923
  4. Smith v. MillsIndiana Supreme Court · 1896

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