Myers v. Estell
Mississippi Supreme Court
Appeal from tlie chancery court of Bolivar county. Harmon, Chancellor. The appellee, Estell, on the 28th December, 1866, sold to the appellant, Myers, a certain tract of land in Bolivar county, with some personalty, for $71,000, of which there was paid in cash $31,000. The balance of the purchase money was evidenced by three promissory notes of the vendee, one for $5,000, due February 1, 1867; one for $17,500, due January 1, 1868, and the third for $17,500, due January 1,…
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Appeal from tlie chancery court of Bolivar county. Harmon, Chancellor. The appellee, Estell, on the 28th December, 1866, sold to the appellant, Myers, a certain tract of land in Bolivar county, with some personalty, for $71,000, of which there was paid in cash $31,000. The balance of the purchase money was evidenced by three promissory notes of the vendee, one for $5,000, due February 1, 1867; one for $17,500, due January 1, 1868, and the third for $17,500, due January 1, 1869. The deed to Myers acknowledged receipt of the entire purchase money, and, to secure payment of the notes above…
1Opinion of the Court
Simrall, J.:
This appeal brings into review the order of the chancery court appointing a receiver.
Estell filed his bill to have the execution of a deed of trust, given to secure the purchase money for lands and other property sold and conveyed by him to the appellant, Wm. Gr. Myers, and also to enforce the vendor’s lien, claimed as extending to one-third of the lands not embraced in the deed of trust. The trust security embraces two-thirds of the land conveyed to Myers; the vendor’s equity is asserted to the other third. It was held in Wolfe v. Dowell, 13 S. & M. 108, and repeated in…
2Cases cited11 opinions
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