Louisiana National Bank v. Knapp

Citations

• 61 Miss. 485

Syllabus

<p>1. Vendor’s Lien. Right of other than vendor to enforce.</p> <p>A party who conveys land, for which he has not paid the purchase-money, with the understanding that his vendee shall pay the amount due to the original vendor, has a right to hold and fasten a lien upon it for the amount of the price to be paid so long as the land remains in the possession of his vendee or a volunteer under him.</p> <p>2. Same. Where land is received.</p> <p>Tiie vendor’s lien arises as well where by exchange land is to be received as where money in specie is to be paid.</p> <p>3. Vendor’s Lien. Assignment. Section 1124 of Code 1880.</p> <p>Section 1124 of the Code of 1880 providing for the assignment of the vendor’s lien in effect strikes down and overrules all those cases which hold that no lien exists except when there be as parties litigant a buyer and a seller of the land.</p> <p>4. Same. Claim for price held by assignee.</p> <p>If the suit be against a vendee or a volunteer for an agreed price there shall always be a lien for the purchase-money when the assignee is a holder of the claim for the price.</p> <p>5. Same. Whan a vendor is bound for the price.</p> <p>Under $ 1124, Code 1880, a lien arises as to the vendee and volunteers wliereever the price is fixed and agreed on between himself and his vendor, and the vendor is in any manner bound to pay the price, the price never having in any manner been received by him.</p>