Elmslie v. Thurman

Citations

• 87 Miss. 537
• 40 So. 67

Syllabus

<p>1. Vendor aiId Vendee. Purchase money of land. Assignee. Vendor’s lien. Code 1892, § 3503.</p> <p>Tbe assignee of a claim for the purchase money of land, under Code 1892, § 3503, so providing, may enforce the vendor’s lien as the vendor could.</p> <p>2. Same. Deed. • Acknowledgment. Signed. Executed. Delivered.</p> <p>An acknowledgment to a deed that the grantor “signed” it, failing to state that he “delivered” it, is insufficient, does not entitle the instrument to be recorded, and, if recorded, its record is not constructive notice; but an acknowledgment to a deed that the grantor “executed” it is sufficient, since a deed cannot be “executed” without being delivered.</p> <p>CO • . Chancery Pleading and Practice. Answer not under oath. Code ■ . 1892, § 1797.</p> <p>Under Code 1892, § 1797, providing that the signature or execution of an instrument sued on need not be proven, unless the same be specially denied by a verified plea, the execution of a deed need not be proyen, where the answer denying execution is not sworn to, although the bill to which the answer is filed expressly waives answer under oath.</p> <p>4. Same. Production of deed.</p> <p>In a suit by the assignee of purchase-money notes to foreclose the vendor’s lien, complainant need not produce the deed on account of which the notes were given, where the execution of the deed is in effect admitted by defendants in their answer.</p>