Mhoon v. Wilkerson

Citations

• 47 Miss. 633

Syllabus

<p>1. Equity — specific performance — parties—practice.—If a vendee should proceed against bis vendor, or, in case of his death, against his heirs and executor, for the enforcement of the vendor’s contract to convey, the vendee should tender the remaining balance of the purchase money which may be due. So, if the vendee proceed for a balance of the purchase money, he should offer the deed. The obligations, in such cases, are mutual and dependent; and he who seeks performance must himself offer performance. But the executor of the assignee of the vendor having no connection with the contract, and no act to perform in respect to it, need not tender the deed, hut will he entitled to the benefits of a lien, if the vendee refuse payment.</p> <p>2. Vendor and vendee — assignments.—It is well settled that, where the vendor retains the title, the assignee of anote for the purchase money takes the lien; and the vendor, after the assignment, can do no act which will impair it.</p>