Miller v. Holland

Citations

• 84 Va. 652
• 5 S.E. 701
• 1888 Va. LEXIS 124

Syllabus

<p>1. Real Estate—Lien—Successive alienation.—Where part of tract of land subject to a lien, is conveyed, the residue is primarily liable for the whole debt, and where there are successive conveyances, the land is liable in the inverse order of the conveyances—that is, each grantee must take the land with all its equitable burdens.</p> <p>2. Idem—Title—Record—Venders duty.—It is the duty of the vendee to examine the records; but whether he does so or not, he will be affected with notice of every fact the knowledge of which might there have been obtained. Coles v. Withers, 33 Gratt., 186.</p> <p>3. Vendoe’s Lien—Satisfaction by vendee—Remedy against grantoi—Case at bar. 0., in 1852, by recorded deed, conveyed to J. M. 297 acres of land, reserving a lien for the purchase money. In 1856, J. M. died, bequeathing his ■ estate to his widow. In 1859, she conveyed one tract so devised her, to N. M. in trust for her three infant children, and married W. In 1863, she and W. conveyed to H. another tract so devised her, to H., embracing the 297 acres whereon the lien was reserved. In 1871, 0. filed her bill against W. and wife, and H. to enforce his lien, which H. was compelled to satisfy. H. then sued to subject the land conveyed to N. M., trustee, for his reimbursement:</p> <p>Held:</p> <p>H. can take nothing by his bill, which must be dismissed, without prejudice, however, to his right to proceed at law against W. and wife on the covenants contained in their deed and against the estate of J. M., deceased.</p>