Holloway v. Ellis
Mississippi Supreme Court
ON appeal from the northern district chancery court at Car-rollton; Hon. Henry Dickinson, vice-chancellor. This was a bill filed in the district chancery court at Carroll-ton by Ellis, to subject the land in the bill mentioned to the payment of the balance of the purchase-money thereof.
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ON appeal from the northern district chancery court at Car-rollton; Hon. Henry Dickinson, vice-chancellor. This was a bill filed in the district chancery court at Carroll-ton by Ellis, to subject the land in the bill mentioned to the payment of the balance of the purchase-money thereof. Ellis-sold the land to Cook on the 28th day of February, 1838, for the sum of $800, and entered into an article óf agreement with Cook, obligating himself to make Cook a title to the land by the 1st day of April next thereafter. Ellis had bought the land of defendant Sargeant, who had not, at the time of the…
1Opinion of the CourtJustice Fisher
The complainant sold to Robert Cook a certain tract of land in Holmes county, the title to which was at the time in one Sargeant, who, at the instance of complainant, conveyed the land to Cook.
After this conveyance, an "execution against Cook was levied on the land by the sheriff of Plolmes county, who sold the same at public sale to Holloway.
The bill was filed to enforce the vendor’s lien against the land for the unpaid purchase-money. Holloway insists that he *105is an innocent purchaser without notice. Will this defence avail him in the present action? The principle appears to have been…
2Cited by6 opinions
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- Geeen v. MizelleMississippi Supreme Court · 1876
- Kelly v. RubleOregon Supreme Court · 1883
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