Hurlock v. Smith

Grason, J., delivered the opinion of the Court. The bill of complaint in this case, was filed by the appellant to enforce a claim, alleged to be a vendor’s lien, against certain land, which was sold to Martin L. Smith by Willis Hurlock in 1862, and of which Smith took ⁴³⁷ possession ; the bill charges that six hundred dollars were paid in cash, and a bill obligatory given for the balance, amounting to four hundred dollars, the bill obligatory stating that it was for the purchase money. The bill of complaint further charges that Willis Hurlock had paid the whole purchase money for the land, but had obtained no deed lor it, and had executed none to Smith, the purchaser from him. The bill also charges that in 1870, Willis Hurlock assigned the bill obligatory to the appellant, without specifying in the assignment, that the vendor’s lien was also assigned, and without a guaranty of the payment of the bill.

The bill also charges that, in May, 1871, the appellant and Martin L. Smith had a settlement,, which resulted in Smith’s executing and delivering to the appellant, a new note for three hundred and fifty-six dollars and eight cents, the balance then found to be due, the note stating that it was for the purchase money of the land sold by Willis Hurlock to Smith; and in the appellant’s delivering up to Smith the bill obligatory, which had been assigned to him by Willis Hurlock. It is further charged in the bill of complaint, that in the spring of 1871, executions were issued upon certain judgments against Smith, under which