Adams v. Harris

Citations

• 47 Miss. 144

Syllabus

<p>1. Vendor and vendee — judgment lien on interest of vendee — vendible under execution — rights of PURCHASER at execution sale. — A judgment against a vendee of land, who holds a bond for the title, having paid part of the purchase money, is a lien on the interest of the vendee in the land, and is vendible under execution, and the purchase at a sale, under such execution, acquires just the interest and right in the land, which the vendee had, at the time of the rendition of the judgment, unaffected by any subsequent encumbrance of the defendant in such judgment.</p> <p>2. Purchaser at sale of interest of vendee holding bond for title under PROBATE COURT DECREE ACQUIRES INTEREST OF DECEDENT SUBJECT TO LIENS. — After the death of a vendee of land holding a bond for title, against whom, in his lifetime, a judgment had been rendered, which was a lien from its date on his interest, his administrators sold his interest in the land by order of the probate court. Held; the purchaser took subject to the judgment lien, and acquired an equity subject to that which was paramount.</p> <p>3. Deed by administrator without order of court void. — A deed made by an administrator without an order of the probate court to land which his intestate had obligated himself by bond for title to convey, on payment.of the purchase money, is void.</p> <p>4. Vendor’s lien — barred when the note for purchase money is barred by limitations — revival by new promise. — The vendor’s lien is barred, when the note for the purchase money is barred by the statute of limitations. If the vendee still retains the land, he may, by a new note, waive the bar of the statute, for it is simply a personal privilege. But if his interest has passed to third parties, he cannot waive the bar.</p> <p>5. Equitable title not available in court of law. — One who has only an equitable title, cannot go into a court of law.</p> <p>6. Title of vendor by bond for title on his death descends to his heirs, and, perhaps, they co