Toombs v. Consolidated Poe Mining Co.
Nevada Supreme Court
Appeal from tlie District Court of tlie Second Judicial District, Waskoe County. The facts are stated in the opinion. I. The laws of this state give a vendor of real estate a lien on the property sold, for the purchase money, or any part thereof, remaining unpaid after a conveyance has been made to the vendee, and the lien is good against all persons succeeding to the rights of the vendee, who had n'otice. {Sparks v. Hess, 15 Cal. 186; Chance v. McWhorter, 26 Ga. 315; 14…
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Appeal from tlie District Court of tlie Second Judicial District, Waskoe County. The facts are stated in the opinion. I. The laws of this state give a vendor of real estate a lien on the property sold, for the purchase money, or any part thereof, remaining unpaid after a conveyance has been made to the vendee, and the lien is good against all persons succeeding to the rights of the vendee, who had n'otice. {Sparks v. Hess, 15 Cal. 186; Chance v. McWhorter, 26 Ga. 315; 14 Abb. 57, sec. H97; 7 Ohio, 222; 14 Abb. 57, sec. 1203; Truébody v. Jacobson, 2 Cal. 286.) II. A taking vendee’s note, or an…
1Opinion of the Court
By the Court,
Leonard, J.:
This is a suit to enforce a vendor’s lien upon a certain quartz mill and mill-site. The Poe Company, a corporation, and defendant, Briggs, demurred separately to the complaint. Both demurrers were sustained, and as to defendant, Briggs, the suit was dismissed. ' Plaintiff was granted leave to amend his complaint as to the Poe Company, but refusing to do so, the suit was dismissed as to that company also. If we mistake not, a consideration of one of the many points made will prove decisive of the appeal. From the complaint we gather the following facts:
On the sixth day…
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