McLain v. Thompson

Citations

• 52 Miss. 418

Syllabus

<p>1. VENDOR’S Lien : Substitution. Case in judgment.</p> <p>~W. and wife sold a lot of ground to T., but made no deed. Shortly afterwards T. sold the same land to M. Part of the purchase money was paid down and M. executed his note for the balance. At the request of M. the deed was made to his wife directly from W. and wife. M. died leaving a balance due on his note. His widow, upon the representation of T. that the land was charged ' with the vendor’s lien for the balance of the purchase money due, took up her husband’s note and substituted her own. This note being past due, T. filed his bill against Mrs. M., claiming a vendor’s lien on the land. B.'eld, that T. was the real vendor; that Mrs. M. -was but a recipient of the title as a volunteer and does not hold as a bona fide purchaser; that she sustains by substitution the same relation to T. that her husband assumed by the purchase, and has no better equity against the demand of T. than her husband would have had if the conveyance had been made to him.</p>