Legal Opinion

Prouty v. Clark

Supreme Court of Iowa

Decided October 21, 1887PublishedCited by 12 opinions

Appeal from Jones District Court — Hon. James D. Gteeen, J ndge. This is an action in equity by which the plaintiff seeks to establish a vendor’s lien for purchase-money against certain real estate. There was a demurrer to the petition, which was sustained. Plaintiff appeals.

1Opinion of the CourtRothrock, J.

It appears from the averments of the petition that one Yerrian was formerly owner of the land upon which it is sought to establish the lieu. Plaintiff purchased the land of Terrian, and received a warranty deed therefor. The deed was not recorded. On the éth day of November, 1883, the plaintiff sold the land to the defendant Young, and by agreement between all the parties, and to save expense, Yerrian and wife made their warranty deed to Young; it being understood by all the parties that said deed would vest in Young all of the right, title and interest of the plaintiff in said land;…

2Cases cited2 opinions

  1. Warner v. JamesonSupreme Court of Iowa · 1879
  2. Rotch v. HusseySupreme Court of Iowa · 1879

3Cited by12 opinions

  1. Fisher v. ShropshireSupreme Court of the United States · 1893
  2. Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
  3. Vann v. Edwards.Supreme Court of North Carolina · 1904
  4. Mansfield v. First National BankWashington Supreme Court · 1893
  5. Eadie v. ChambersCourt of Appeals for the Ninth Circuit · 1909

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