Honore's v. Bakewell
Court of Appeals of Kentucky
Appeal from the Louisville Chancery Court. Chancery, Case 17. case stated, Decree of the Chancellor. A vendor taking the assumpsit & note of a purchaser of part of a lot sold in discharge of so much of the price agreed to be given by the first vendee, has in equity a lien on the part pur. chased by the sub-purchaser to the extent of such assumpsit.
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Appeal from the Louisville Chancery Court. Chancery, Case 17. case stated, Decree of the Chancellor. A vendor taking the assumpsit & note of a purchaser of part of a lot sold in discharge of so much of the price agreed to be given by the first vendee, has in equity a lien on the part pur. chased by the sub-purchaser to the extent of such assumpsit. The lien of venN dor for purchase money, is not confined to him it may pass to third persons to whom the note for the considertion has been assigned, or to whom the vendee has assumed its payment. / a lien for the land sold, is not Temptingl0Stba…
1Opinion of the CourtChief Justice Ewing
In 1826, John A. Honoré sold and conveyed to Bell and Barbaroux, two lots in Louisville, for $12,500, payable in twelve years, with interest on said sum at the rate of six per cent, per annum, payable quarter yearly. The consideration and terms of payment were expressed on the face of the deed. In 1828, Barbaroux sold and con*68veyed his interest in the purchase to Bell, and Bell after-wards, in 1828, sold and conveyed a designated parcel of said lots to Wm. G. Bakewell, for $4,500, payable in five annual instalments, with interest. The deed made by Bell to Bakewell, recites the terms of sale,…
2Cited by14 opinions
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- Nichols v. GloverIndiana Supreme Court · 1872
- Witter v. DudleySupreme Court of Alabama · 1868
- Robinson v. OwensTennessee Supreme Court · 1899
- Burdett v. ClayCourt of Appeals of Kentucky · 1847
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