Lumley v. Robinson
Supreme Court of Missouri
Error to Morgan Circuit Court. The petition of plaintiff, Thomas Lumley, jr., set forth that on the 31st day of July, 1854, he purchased of defendant, Sidney S. Robinson, two several tracts, [describing them,] one tract containing forty acres, the other containing one hundred and sixty acres; that he paid to defendant one hundred dollars in hand, and executed and delivered to defendant three several promissory notes, each dated July 31, 1854— one for $300, payable December…
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Error to Morgan Circuit Court. The petition of plaintiff, Thomas Lumley, jr., set forth that on the 31st day of July, 1854, he purchased of defendant, Sidney S. Robinson, two several tracts, [describing them,] one tract containing forty acres, the other containing one hundred and sixty acres; that he paid to defendant one hundred dollars in hand, and executed and delivered to defendant three several promissory notes, each dated July 31, 1854— one for $300, payable December 20, 1854; one for $166.66, payable December 20, 1855, and one for $166.66, payable December 20, 1856; — that defendant…
1Opinion of the CourtNapton, Judge
The mode of enforcing the equitable mortgage of a vendor’s lien upon the land sold is a subject which has several times been considered by this court. (McNair and others v. O’Fallon and others, 8 Mo. 188; Broadwell & Dyer v. Yantis, 10 Mo. 378; Calmes v. Talbot and others, decided in 1849 and not published.)
It is not denied that under our statute the interest of the vendee is saleable under execution, but where the execution *368under which the sale is made is upon a judgment obtained by the vendor in a suit for the purchase money or a portion of it, the effect of such a sale has been always…
2Cases cited2 opinions
- Day v. LowrieSupreme Court of Pennsylvania · 1836
- McNair v. O'FallonSupreme Court of Missouri · 1843
3Cited by7 opinions
- Waugh v. WilliamsSupreme Court of Missouri · 1938
- Melton v. SmithSupreme Court of Missouri · 1877
- Welton v. HullSupreme Court of Missouri · 1872
- Rogers v. CareySupreme Court of Missouri · 1871
- Dickason v. EbySupreme Court of Missouri · 1880
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