56 Miss. 700 | Miss. | 1879
delivered the opinion of the court.
In 1866, P. T. Cooper and Angelo Miazza were severally owners of adjacent lots in the city of Jackson.' Cooper desiring to erect a house on his lot, he and Miazza agreed that Coojser should, at his own expense, erect the eastern wall of his house on their common boundary-line, and that when Miazza should be ready to build, he should pay one-half the value of the wall, and use it as the western wall of any building he should erect on his lot. Accordingly, Cooper erected his building in 1866, with its eastern wall located as agreed on ; and, in 1867, Miazza erected on his lot a building known as Angelo’s Hall, using the wall which had been erected by Cooper, in pursuance of their agreement. In the same year, and after the completion
There is a stipulation in the record, signed by the counsel of both parties, that J. & T. Green, at the time they advanced their money to Miazza and took the deed in trust as security for its payment, had no actual knowledge of the claim of appellant or his vendor, Cooper; but that long prior to the building of Angelo’s Hall, the Cooper-Kells building had been erected, and that its eastern wall constituted the western wall of Angelo’s Hall, and the defendants and J. & T. Green then knew these facts.
On this state of facts, Kells filed his bill in equity, in which he asserted a lien on the lot on which Angelo’s Hall was erected, for the amount of his claim as assignee of Cooper, as adjusted between him and Miazza in 1868. The chancellor dismissed the bill, and Kells appealed.
If it be conceded that the appellant acquired a lien on the lot of Miazza, by virtue of the assignment by Cooper to him of the claim for one-half of the cost of the wall, it would not follow that tMs claim could be asserted against these defendants, who
- The subsequent written agreement made by Miazza and Kells can have no influence on the controversy. It was made after the rights of the Greens had attached. It can have no other effect than as a subsequent encumbrance; and the defendants, Helm & Yerger, having made a valid purchase under the senior encumbrance, are entitled to all the rights and privileges of the first encumbrancer, and are not affected by the notice which they had, at the time of their purchase, of the existence of the appellant’s claim.
Decree affirmed.