Citation Numbers: 40 Tenn. 607
Judges: Caruthers
Filed Date: 12/15/1859
Status: Precedential
Modified Date: 7/30/2022
delivered the opinion of the Court.
This case presents a question of conflicting equities and liens.
In June, 1857, Cox and Edward T. Carson purchased a tract of land of twenty acres, with a ferry, on Cumberland
To this relief there could be no objection if there were nothing else in the case. But Edward M. Carson, the father of Edward T., who was dead at the time of filing the bill, and his heirs are made parties, sets up a claim of priority in his answer, and by cross-bill, by virtue of a certain payment made by him to the original vendor, and a mortgaore from the said Edward T. Carson upon the same land, to secure the same, together with another debt of $75 he had against him. The land was sold under an interlocutory decree for $985, and the contest is for the fund. The case was referred to the Muster for an account of the respective claims of the parlies. He found that there was still duo and unpaid, including interest, by Cox and Carson on the debts for the land and ferry $794.96, and that Cox had advanced for the land $252.95, including interest. It also appeared that Edward T. was indebted to Edward M. Carson, §481.68. To secure this the deed of trust or mortgage upon this land was executed on the 24th July, 1858. This it will be seen was after the sale of his undivided moiety by Cox to his partner. There can be no question as to the right of com-plaiuaut to have the fund applied to the balance of the consideration of the land yet due by him and Edward T., against any rights of Edward M. Carson, under the mortgage. And in addition to this, the complainant has the vendor’s lien for
The whole decree is affirmed, and the cost in this court will be paid by Edward M. Carson, and the cost below as directed by the Chancellor, and the cause remanded.