Baker v. Griffin

Citations

• 50 Miss. 158

Syllabus

<p>1. Chancerv Court — Practice—Vendor and Vendee. — In December, 1868, G. sold and conveyed to H. two tracts of land, by deed, absolute on its face; H. paid cash, $400, and gave his notes for $800. In 1869-H. sold and conveyed one of these tracts of land to L., by deed absolute on its face. Payment to H. was secured only by the notes of L. who had notice that H. was still indebted to Gr. for this land. In March, 1870, H- and wife, with the consent and approval of L. executed a trust deed on both these tracts of land, to secure to GL the purchase money due him from II. L. agreed to join in this deed, but did not. Afterwards L. sold and conveyed the one tract to B. The latter did not make a search in the-clerk’s office for conveyances or incumbrances and had no notice in fact of the trust deed. Was B. a bond fide purchaser from L ? Held, that he-was.</p> <p>2. Same — Cancellation op Deeds. — On a bill filed by Gr. against II. life B. to cancel all the conveyances, it appearing that II. was still indebted to G. and L. to H. and B. to L., though the particular relief sought was refused as to B. G. was allowed to retain his bill with a view to retain to himself the balance of purchase money due from B. to L. Dodge-v. Evans, 43 Miss., 570.</p>