Wright v. Brander

Citations

• 62 Miss. 82

Syllabus

<p>Chancery. Enforcement of vendors’ lien. Agreement between vendees. Oross-bill to enforce same.</p> <p>W. and B., being joint owners of two plantations, known as the Boykin Place and the Goff Place, bought jointly a tract of land contiguous to the former place and which they added to it. F., the vendor, reserved a lien for the purchase-money, and upon their failure to pay he filed a bill to enforce his lien. After the commencement of the suit, W. and B. partitioned their lands, W. taking the Goff Place and B. taking the Boykin Place, mutual deeds of conveyance being executed accordingly. W., by agreement in writing, assumed the debt due F., but failed to fulfill his agreement; and B., in answer to the original bill, made her answer a cross-bill against W., in which she sought to compel him to pay the debt due F., by subjecting the Goff Place to sale therefor. W. demurred to the cross-bill for want of equity and as being an improper pleading in the suit. Held, that the cross-hill is a proper pleading in this suit, and, the facts therein being conceded, W. may be compelled, as between himself and B., to pay whatever amount may be found due F.</p>