Davis v. Pearson
Mississippi Supreme Court
Error to the chancery court of Carroll county. CothRAít, J. The prominent facts in this case that invoke the aid of a court, are that the vendor has parted with his estate, and his grantees are in possession and withhold the purchase money. The sum due by the vendees is a charge on the lands, and a lien is raised by implication. 2 Story’s Eq. Jur., § 1219. The defendants insist that security was taken, and that the lien was thereby waived.
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Error to the chancery court of Carroll county. CothRAít, J. The prominent facts in this case that invoke the aid of a court, are that the vendor has parted with his estate, and his grantees are in possession and withhold the purchase money. The sum due by the vendees is a charge on the lands, and a lien is raised by implication. 2 Story’s Eq. Jur., § 1219. The defendants insist that security was taken, and that the lien was thereby waived. The bill states (and the demurrer admits it)* that Taylor sold the land to Terrell & Pate, that they executed their notes for the purchase money, and that…
1Opinion of the Court
SlMRALL, J.:
Miranda G.' Davis and William P. Taylor, the legal representatives of the estate of John Taylor, deceased, brought their bill in chancery against the administrator cíe bonis non, the widow and heirs of W. IT. Terrell, deceased, to assert a vendor’s lien on land.
The bill states that on the 10th of October, 1860, John Taylor, the intestate, made a contract with W. H. Terrell, and Allen S. Pate, for the sale of a tract of land in Carroll county, and on the same day made and delivered a deed for the land, conveying the same to said W. H. Terrell, and Sarah M. Pate, wife of Allen Pate,…
2Cases cited1 opinion
- Russell v. WattMississippi Supreme Court · 1868
3Cited by4 opinions
- Hart v. GardnerMississippi Supreme Court · 1902
- Partridge v. LoganMissouri Court of Appeals · 1877
- Bray v. BookerNorth Dakota Supreme Court · 1899
- Smith v. MillsIndiana Supreme Court · 1896