Bradbury v. Donnell
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — Eon. William G. Ellison, Judge. (1) Where a mortgage is taken for a portion of the unpaid purchase price, the law does not imply a vendor’s lien to secure the payment of the remainder of the purchase price. Delossus v. Poston, 19 M'o. 428-429; Emison v. Whittlesey, 55 Mo. 259; Boyer v. Austin, 75 Mo. 82; Adams v. Buchanan, 49 Mo. 64; Winer v. Investment Co., 125 Mo. 543; Brisco v. Callahan, 77 Mo. 134; Nixon v. Knollenberg, 92 Mo.
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Appeal from Nodaway Circuit Court. — Eon. William G. Ellison, Judge. (1) Where a mortgage is taken for a portion of the unpaid purchase price, the law does not imply a vendor’s lien to secure the payment of the remainder of the purchase price. Delossus v. Poston, 19 M'o. 428-429; Emison v. Whittlesey, 55 Mo. 259; Boyer v. Austin, 75 Mo. 82; Adams v. Buchanan, 49 Mo. 64; Winer v. Investment Co., 125 Mo. 543; Brisco v. Callahan, 77 Mo. 134; Nixon v. Knollenberg, 92 Mo. App. 25. • (1) Donnell has no interest in the proceeds of the sale of this property, because, if for no other reason, whatever…
1Opinion of the CourtEllison, J.
Plaintiff is the administrator of his deceased wife’s estate and prosecutes this action to obtain judgment on a promissory note for two thousand dollars belonging to her at her decease, and to enforce *678a vendor’s lien on real property in Maryville for tbe amount of the judgment asked to be rendered. The plaintiff prevailed.
It appears that plaintiff, before Mrs. Bradbury’s death, together with defendant and 0. 0. Graves, who was Mrs. Bradbury’s brother, entered into what may be termed a partnership for the purpose of erecting an opera house in Maryville. Mrs. Bradbury had inherited from her…
2Cases cited11 opinions
- Emison v. WhittleseySupreme Court of Missouri · 1874
- Rogers v. TuckerSupreme Court of Missouri · 1887
- Delassus v. PostonSupreme Court of Missouri · 1854
- Linville v. SavageSupreme Court of Missouri · 1874
- Hannah v. DavisSupreme Court of Missouri · 1892
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3Cited by2 opinions
- Rader v. DawesMissouri Court of Appeals · 1983
- Suburban Bank of Kansas City v. Proposed Jackson County State Bank of Kansas CityMissouri Court of Appeals · 1959