Harper v. Wilkings

Citations

• 65 Miss. 215

Syllabus

<p>Vendor’s Lien. Vendor and holder of note for purchase money rescinding sale Purchase of superior title by vendee. Case in judgment.</p> <p>BT. bought land from W., and executed his note in payment therefor. W. transferred the note to L. Afterwards the title to the land was found to be in one B. L. and W. then consented to the sale from W. to H. being considered as rescinded and that H. might buy the land from B. H. accordingly bought the land from B. Five years afterwards L. sought-to enforce a vendor’s lien on this land to compel payment of the note. Meld, that the lien which L. attempts to assert does not exist. No lien resulted from the transaction between W. and H., because no title was conferred; and the consent of W. and L. to the rescisión of the trade between W. and H., and the purchase by the latter from B. precludes the assertion of a claim that PI. was disabled from buying the superior title of B.</p>