Wimpey v. Evans
Supreme Court of Missouri
Appeal from Greene Circuit Court. — I-Ion. W. F. Geiger, Judge. (1) The bond should not-have been declared a lien on the land owned by Fields at the date of his bond, in view of the fact that the statutory bond which the law alone would have constituted a lien must have been conditioned for “ two years next ensuing the first of January thereafter.”
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Appeal from Greene Circuit Court. — I-Ion. W. F. Geiger, Judge. (1) The bond should not-have been declared a lien on the land owned by Fields at the date of his bond, in view of the fact that the statutory bond which the law alone would have constituted a lien must have been conditioned for “ two years next ensuing the first of January thereafter.” W. S. 1178, sec. 93. (2) Even if the bond was a lien the court below found no way of declaring any rule of law by which respondent could be subrogated to it, in view of the fact that even if the lien was still subsisting, he was only one out of…
1Opinion of the CourtHenry, C. J.
This is a suit in ejectment for a tract of land in McDonald county. The cause was taken, on change of venue, to Greene-county, where, on a trial, defendant obtained a judgment, from which plaintiff has appealed to this court. Both parties claim title under Calvin F. Fields, who, in November, 1874, was elected collector of the revenue for McDonald county, and gave bond with defendant and others as his sureties, for the faithful discharge of his duties, which was dated, approved and filed for record on the 17th day of November, 1874. The condition of the bond was, that he would faithfully and…
2Cases cited1 opinion
- Rohrbough, Moore & Co. v. Reed Bros.Supreme Court of Missouri · 1874
3Cited by5 opinions
- Henry County v. SalmonSupreme Court of Missouri · 1907
- Holt v. ReaSupreme Court of Missouri · 1932
- State Ex Rel. Ford v. EllisonSupreme Court of Missouri · 1921
- Town of Canton v. Bank of Lewis CountySupreme Court of Missouri · 1936
- Brown Real Estate Co. v. Lancaster CountyNebraska Supreme Court · 1922