65 Miss. 191
Decided October 15, 1887
Mississippi Supreme Court · decided 1887-10-15
Hon. Baxter McFarland, Chancellor. E. C. Bell recovered a judgment against one J. A. Cole, but the same was not enrolled. Thereafter Cole conveyed a certain tract of his land to a third party, taking notes for the purchase-money. After this sale, Cole executed to Bell a deed of trust on this land to secure a stay of execution, Bell not knowing of its previous sale.
Decided 1887-10-15
¶1delivered the opinion of the Court.
¶2The single question in this case is, whether a deed of trust executed by the holder of notes for the purchase money of land, and conveying the land on which the notes are a lien of the sort known as the vendor’s lien, transfers the notes without any mention of or reference to them, by the mere force of the conveyance of the land, and we answer this in the negative.
¶3Affirmed.