Doyle v. Orr

Citations

• 51 Miss. 229

Syllabus

<p>1. Husband and Wife: Vendor's lien. Waiver of.</p> <p>Where a conveyance is made to tbe wife at tbe request of tbe busband, wbo is tbe vendee, tbe wife is but a recipient of the title, 9,nd, as against the land, the equity of tbe vendor would still subsist. No one but a Iona fide purchaser for value can successfully resist tbe vendor’s claim.</p> <p>2. Same: Setoff: Gase in-judgment.</p> <p>C., as trustee for D., sold to O. a tract of land, taking in part payment, tbe note of 0., with M. as surety; the deed was made directly to the wife of O. at bis request. Afterwards tbe note of O. and wife was substituted for tbe note of O. and M. Subsequently Mrs. O. sold the land to D. and wife wbo, by assignment, were the owners of tbe note of O. and wife given to D. A bill was filed by Mrs. O. to foreclose tbe vendor’s lien against Mrs. D. and busband; they attempted to set up as an offset tbe note of O. and wife.' Held, that D., having elected to take personal security for the purchase of the land, lost his equity against the land; that the note of O. and wife created no liability upon Mrs. O.; that the conveyance to her by the trustee of D. created a separate estate in her; and that she having sold the land, the vendee could not set up, when sued for the purchase money, as an offset, the note of herself and husband.</p>