Glasscock v. Robinson

Citations

• 21 Miss. 85

Syllabus

<p>In a bill filed by the vendor of land to enforce his lien for the purchase money against the widow and heirs of the vendee,-proof by one witness that the vendee had acknowledged that the notes held by the vendor were given for lands in this state, and as witness thought, in the county where the lands lay on which the lien was claimed, was held sufficient in the absence of evidence of any other sale of lands in this state, to sustain the allegations of the bill as to the notes being given for the land claimed.</p> <p>It is not competent for the vendee of land to resist the vendor’s equitable lien for the purchase money on the ground of want of title in the vendor, unless he set forth and show the specific defects in the title.</p> <p>To a bill filed against the widow and heirs of a deceased vendee of land, the widow set up as a defence to the suit; 1, that the vendor had no title to the land, and the vendee in his lifetime, in consequence, had abandoned the purchase; 2, that her husband had paid the purchase money; and 3, that she had acquired the property by purchase under a deed of trust executed by her husband : Held, that these defences were inconsistent with each other, and formed no obstacle to the vendor’s right to enforce his lien.</p> <p>It is no objection to the title of the vendor of land who seeks to enforce his lien for the purchase money, that there is an outstanding mortgage on the land, unless it appear that the mortgage was executed by some one having authority.</p>