Rutland v. Brister
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. John Rutland filed this bill in chancery against L. A. W. Brister, to foreclose a vendor’s lien. Brister demurred; and, on the demurrer being overruled, answered, denying the lien. The testimony disclosed the following facts : Rutland owned the land in controversy. One Buckley had a judgment against Rutland.
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Appeal from the Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. John Rutland filed this bill in chancery against L. A. W. Brister, to foreclose a vendor’s lien. Brister demurred; and, on the demurrer being overruled, answered, denying the lien. The testimony disclosed the following facts : Rutland owned the land in controversy. One Buckley had a judgment against Rutland. The land was sold upon execution issued on Buckley’s judgment, and Buckley became the purchaser for $146. After this execution sale, Buckley agreed with Rutland that he would allow the latter to redeem the…
1Opinion of the CourtSimrall, C. J.
If this were a bill to enforce the contract between Buckley, the judgment creditor, and the purchaser at the execution sale, and Rutland, the judgment debtor, the suit would fail, because of the Statute of Frauds. Buckley was content to realize his debt out of his debtor’s property, and consented that he might redeem the property, and, as finally arranged, that he might find a purchaser, and take to himself all that could be got for the land, over the debt, for which he had bid it off. The negotiation and bargain was between the complainant and the defendant. The former agreed to sell the…
2Cases cited5 opinions
- Patterson v. EdwardsMississippi Supreme Court · 1855
- Skaggs v. NelsonMississippi Supreme Court · 1852
- Perkins v. GibsonMississippi Supreme Court · 1875
- Russell v. WattMississippi Supreme Court · 1868
- Anderson v. SpencerMississippi Supreme Court · 1876
3Cited by8 opinions
- Webb v. StephensonWashington Supreme Court · 1895
- Weitzel v. LeysonSouth Dakota Supreme Court · 1909
- Morris v. Columbia Canal Co.Washington Supreme Court · 1913
- Louisiana National Bank v. KnappMississippi Supreme Court · 1884
- Canavan v. ColemanSupreme Court of Iowa · 1927
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