Stricklin v. Cooper
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. In 1872 N. G. Nye sold and conveyed a tract of land to W. A. Stricklin. The latter paid a part of the purchase-money in cash, and gave his note for the balance. Nye reserved a lien in the deed to secure the unpaid purchase-money. In 1872 Stricklin sold the land to J. A. Purvis. The note was not paid at maturity, and in 1873 Nye brought suit thereon and recovered a judgment against Stricklin.
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Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. In 1872 N. G. Nye sold and conveyed a tract of land to W. A. Stricklin. The latter paid a part of the purchase-money in cash, and gave his note for the balance. Nye reserved a lien in the deed to secure the unpaid purchase-money. In 1872 Stricklin sold the land to J. A. Purvis. The note was not paid at maturity, and in 1873 Nye brought suit thereon and recovered a judgment against Stricklin. An execution was issued on the judgment, aud returned nulla hona. Thereupon, Nye and Cooper filed their bill in chancery to…
1Opinion of the CourtCampbell, J.
As against Purvis, who had purchased the land from Stricklin, it was erroneous to take as the basis of computing the sum for which the land was chargeable, by virtue of the lien reserved in the deed conveying it to Stricklin, the amount of the judgment which had been rendered against him by the Circuit Court on the note for the purchase-money, to secure which the lien had be.en reserved in the deed. All that the land is'liable for in the hands of Purvis, who is not a party to the note, is the principal and interest of the note. The judgment against Stricklin on the note includes the interest…
2Cited by2 opinions
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- Deshler v. HolmesSupreme Court of New Jersey · 1888