Pitts v. Parker

Citations

• 44 Miss. 247

Syllabus

<p>1. Yendob and Yendee — Lien.—As between vendor and vendee, a lien results or is implied without any express reservation thereof, and springs out of the transaction. This equity of the vendor can only be displaced by some affirmative act on his part, and the onus of proving its waiver or abandonment lies on vendee. 9 Paige, 211.</p> <p>2. Same — Assignment.—This equity of the vendor subsists so long as he occupies the relation of creditor to the vendee against him and purchasers from time with notice; but when this relation of creditor is gone the lien ceases. The assignment of tho note or bond for the purchase money does not carry with it the equity of the vendor. 6 How., 362 ; 30 Miss., 165.</p> <p>3. Lien — Extinction—Reyivob.—This right is personal, and incapable of transmission from him by assignment; and if tho vendor, having assigned or transferred the debt for the purchase money, gets it back again, the lien instantly springs up and re-attaches to the land; and the vendor will be restored to his original rights and equities.</p> <p>4. Specific febfobmance. — A vendor who retains the legal title to the land, but gives his obligation to convey when the mony is paid, can resort to chancery to compel the vendee to accept the deed and pay the price, or to order a sale of tho land to raise the money. 2 S. & M., 591; 4 ib., 299.</p> <p>5. Assignment — Remedy.—The assignment of the debt takes with it the security resulting to the vendor by the withholding of the title, *and the assignee will he entitled to all the remedies which a court of equity could afford to the vendor. 10 13. &M., 191.</p> <p>6. Assignment of notes — Conveyance of title — Pbiobity of land. — The vendor sold land, retaining title until the payment of the purchase money, and assigned the notes, and afterwards, and before the payment of the notes,- conveyod the title to his vendee. The lien of the assignee is superior to that of a judgment creditor of the vendee, upon the sssignment the equity o