Sledge v. Jacobs

Citations

• 58 Miss. 194

Syllabus

<p>1. Vendob’s Lien. Commissioner’s deed. Bond for purchase-money. Chancery practice.</p> <p>In a suit to enforce the lien specialty reserved in a commissioner’s deed to land sold under a decree in chancery, it is not a valid objection that the purchaser had given a bond for the purchase-money, under the Code of 1857, upon which default had been made, which entitled the oblig'ees to an execution thereon as upon a judgment at law, and that no execution had been issued.</p> <p>2. Limitation or Actions. Absence and non-residence of debtor. Effect thereof.</p> <p>Where the obligor in a bond for the payment of money moves out of this State after a cause of action thereon has accrued here, the time of his absence and residence out of this State is not to be taken as any part of the time limited for the commencement of an action on the bond. Code 1871, sect. 2157.</p> <p>3. Same. Death of debtor. Effect thereof.</p> <p>If the obligor in a bond for the payment of money die before the expiration of the time limited for an action to be brought thereon, it may be commenced at any time within one year after the issuance of letters testamentary or of administration on the estate of the deceased obligor. Code 1871, sect. 2162.</p>