Phillips v. Eiland

Decided October 15, 1876

Mississippi Supreme Court · decided 1876-10-15

Hon. J. J. DeNNis, Chancellor. The bill alleges that Mrs. Phillips sold the land to Eiland for part cash, and his note on long time for the residue. The note matured, default was made, a deed was tendered, and payment refused. The bill seeks a specific performance; alleges that the land is insufficient to pay the debt, and that the vendee is personally insolvent, and prays for a receiver to take and receive the rents and profits pendente lite.

Cited by 1 later decisions — most recently September 1906

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-10-15

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Chalmees, J.,

¶1delivered the opinion of the court.

¶2It has been repeatedly held that a mortgagee who files his bill for a foreclosure, accompanied by a prayer for the appointment of a receiver of the rents and profits pendente lite, is entitled to have such appointment made where he shows that the mortgaged property is insufficient to pay the debt and the mortgagor is personally insolvent.

¶3We see no reason why the principle should not be the same, under a similar showing, where a vendor of land by title bond files his bill for specific performance. In such case the legal title is retained for the protection of the unpaid purchase money, and it has been likened to the execution of a deed and the taking of a mortgage back. Turner v. Hicks, 4 S. & M., 294.

¶4The showing, in the case at bar was abundant, and the receiver should have been appointed.

¶5Decree reversed and cause remanded.