Stricklin v. Cooper

Citations

• 55 Miss. 624

Syllabus

<p>Vendor’s Lien. Sow enforced against purchaser from vendee.</p> <p>N. sold and conveyed a tract of land to S., who paid a part of the purchase-money and gave his note for the balance. A lien was reserved in the deed for the unpaid purchase-money. The note not being- paid at maturity, 2ST. brought suit thereon for the use of C., recovered judgment against S., and had execution issued, which was returned nulla bona. In the meantime P. had purchased the land from S. After the return of the execution, O. filed his bill to enforce the lien reserved in the deed against the land for the unpaid purchase-money. The chancery court decreed a.sale of the land for the payment of the amount due by the judgment against S., with interest thereon. Seld, that the land, in the hands of P., was only chargeable with the principal of the note, and simple interest thereon; and that, as the judgment included interest on the note to the date of its rendition, and the decree charged interest on the judgment, the decree was erroneous because it compounded the interest.</p>