Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-05
Lincoln ~. Purcell and others.

Lincoln w. Purcell and otheih.
The complainant bill vas dismls- ed on demurrer.
The bill seeks subjec; lDt ia the city Of Nah
vile. to the satisfaction Of balance Of unpaid
purchase money, by force OF an express lien re-
served upon the face of the conveyance.
II appears from the allegaii rs OF the bill, that,
the lst day Of December, le4S the defendant,
KirsmaN, sold ard conveyed the / t in question to
the defendant Purcell, ct the price Of Sl50o. 0.
At the time Of said sale, Kirknan, the venCo WAS
iudt b ed to tho complainant; and it was mutually
agreed between Kirkmsn, complainant, and Purcell,
that the latter in part discharge of the pu chase
money OF The lot, due to Bukman, should assume
and become responsible for the debt due from Kirk
man to complainant. And in pursuance Of this
agreement Purcell executed two tes, one for S525
aud the other for $685. payable in stcn work, to
be done at any time called for, after the lst Of July
lag By this arrangement, and the Payment of
S625 90 in hand, by Purcell TO KirkmaD, the gur-
chase money Of said lot was fully paid to kirkmau,
and the Indebtedness Of the latter to complainant
was exlinguisbcd The deed Of conveyance from
Kirkman TO Purcell, which vas executed at the time
Of the contract, reoites the execution of said two
notes. by Purcell complainant, in part discharge
of the purchase money Of the lot; and expressly
provides that the sums of money specified in said
notes 'sshall be and remain lien upon said lot OF
parcel Of land until said sums shall have been fully
satisfied, discharged and paid; aud the said William
Purcell, upon the ayment Of said notes, is have
and to hold the aforesaid lot or parcel Cf land" sc
th;s deed appears not TO have been proved reg g.
eied atil January, 1852 which was after the sac
and conveyance to Cheatbam, hereafter to be no
tIced.
II further appears from The BILL that on the 10Th
of Jsnuery 1850 said lot was sold execution sale
a. the property Of said Purcell, and was purchased
by ore Northrop. The Sherf's deed to Norihrop,
il describing the lot, refers it as beirg the same
conveyed by John KIkman to the said William
Purcell, by deed (unregistersd) on the lst day Of
December IS4S Ga JEs l4ih of Jsuua y, 1851, 9,
Northrop sold and conveyed SAID lot to F. k Cheat,
ham; and in his deed Of conveyance he covenants
amongst other things, that said lot ''is uaineumber-
ed. with the exception Of the balance Of The pur,
chase money due from one William Purcell. 90 the
purchase OF said lat of ground by said Purcell from
John Kirkman, on shs lst day of December, lS4s +"
And in the covenant Of warranty, he warrants
s'agsinst the lawful claim Of all persons, except
such as NAV claim by virtue Of the lien Of said
John Kirkman On said lot of ground, for the unpaid
rurchase money due from the said William Pncel!
on his purchase aforesaid from Kirkman.
The bill EXHIBITS the copy Of an instrument exs>
cuted by John Kirkmsn to Cheathsm, nths l7h of
August 1862. in which the former Acknowledges
the payment to him, BY Chea m, Of he balsnce
of the purchase mousy due on The Two b,f1re NET
TONED notes. executed BY Purcell to compliment
and in consideration thereof, he relinQuished TO
Cheatham, all his in crest in said lot
The bill charges that In fact, Chesthsm paid
nstAing to KirkmsR fer said release; and denies