Thompson v. Thompson
Thompson v. Thompson
Opinion of the Court
delivered the opinion of the court.
On the 18th day of October, 1857, Thomas Thompson conveyed by deed of that date to the defendants* Thomas K. Thompson, Margaret A. Thompson and Priscilla L. Thompson, his children, a tract of land “ for and in consideration and payment ” by them of $200 to the complainant Joseph M. Thompson, another child, of $150 to Stephen A. Thompson,' another child and the father of the other complainants, and of other moneys to other persons, all of the payments to be made within three years from the date of the deed. The deed was absolute without reserving any lien for the payment of the purchase money. The grantees
The deed of the 18th of October, 1857, is, in form and substance, a sale of the land therein mentioned to the grantor’s three children, in consideration of certain money payments to third persons, and, among others, of $200 to complainant Joseph M. Thompson, and $150 to Stephen A. Thompson, the father of the other complainants. The acceptance of the deed by the defendants as grantees, it has been held by this court, made them liable to the third persons named for the respective amounts mentioned, as for their own debts, and this without any promise in writing signed by them, the promise not being within the statute of frauds. Moore v. Stovall, 2 Lea, 543. Such third persons, it has also been held, would have a
The decree must be reversed, and the bill dismissed with costs.
Reference
- Full Case Name
- Jos. M. Thompsons. v. Thos. K. Thompsons.
- Cited By
- 3 cases
- Status
- Published