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· 3/15/1896

Griffin v. Byrd

Citations

  • 74 Miss. 32

Syllabus

<p>1. Vendor and Vendee. Vendor’s Men.</p> <p>There exists no vendor’s lien in favor of a complainant (as distinguished from a lien reserved by contract) when it appears that the note sued on was the price of the land sought to be subjected and certain personalty in gvross, or that the land was sold for one sum and the personalty for another, the latter being evidenced by said note, for in neither case is there a fixed sum due from the vendee to the vendor as the purchase money of the land.</p> <p>2. Appeal. Reversal. Jurisdiction. Dismissal of cause on appeal.</p> <p>On the reversal of a final decree in a cause of which the chancery court had no jurisdiction, the appellate court, instead of remanding the cause to the court having jurisdiction thereof, will dismiss the same when it appears from the evidence that the complainant has no cause of action.</p>

Judges: Woods

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