Proctor v. Hart
Mississippi Supreme Court
From the chancery court of Rankin county. HoN. H. C. CoNN, Chancellor. The case is stated in the opinion. Under § 2755, code 1892, the former debt is sufficient to uphold the new promise to pay, but to hold that a new note creates a lien is to hold that a lien on land may be created by parol, or on a homestead without the wife’s consent. The intent to extinguish the lien must be clearly shown.
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From the chancery court of Rankin county. HoN. H. C. CoNN, Chancellor. The case is stated in the opinion. Under § 2755, code 1892, the former debt is sufficient to uphold the new promise to pay, but to hold that a new note creates a lien is to hold that a lien on land may be created by parol, or on a homestead without the wife’s consent. The intent to extinguish the lien must be clearly shown. Kausler v. Ford, 47 Miss., 289. The vendor’s lien is an incident to the debt, and so long as the debt and the relation of vendor and vendee continue, the lien will exist unless some act is done clearly…
1Opinion of the CourtWoods, J.
In December, 1880, one Block sold and conveyed the land described in the bill before us to Proctor, the appellant, reserving his vendor’s lien in his deed of conveyance. Several promissory notes were executed by the vendee for the purchase money, the sale having been made, as it appears, wholly upon credit. Of the notes thus made, all were paid, as we infer, except the one for $366, which matured last, being payable on January 1, 188-1. Not being paid at maturity, the time of payment was extended, in writing, to January 1, 1886. In 1887 Block assigned this note-to J. & B. Hart, the appellees…
2Cited by13 opinions
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