Legal Opinion

Florida v. Morrison

Missouri Court of Appeals

Decided April 21, 1891PublishedCited by 4 opinions

Appeal from the St. Louis City Circuit Court. — Hon. • Daniel D. Fisher, Judge. In this state a vendor has alien for unpaid purchase money. Davis v. Lamb, 30 Mo. 441; Bledsoe v. Caines, 30 Mo. 448 :■ Davenport v. Murray, 68 Mo. 198. The lien exists where there is an exchange of properties instead of a sale. Pratt v. Clark, 57 Mo. 189; Pratt v. Eaton, 65 Mo. 160 ; Linville v. Savage, 58 Mo. 248 ; McMurray v. Brown, 91 U. S. 257. The bill states a cause of action.

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Appeal from the St. Louis City Circuit Court. — Hon. • Daniel D. Fisher, Judge. In this state a vendor has alien for unpaid purchase money. Davis v. Lamb, 30 Mo. 441; Bledsoe v. Caines, 30 Mo. 448 :■ Davenport v. Murray, 68 Mo. 198. The lien exists where there is an exchange of properties instead of a sale. Pratt v. Clark, 57 Mo. 189; Pratt v. Eaton, 65 Mo. 160 ; Linville v. Savage, 58 Mo. 248 ; McMurray v. Brown, 91 U. S. 257. The bill states a cause of action. Bradley v. Bosley, 1 Barb. Oh. 125 ; Coil v. Fougera, 36 Barb. 195; Toby v. McAllister, 9 Wis. 463. (1) The well-settled rule is…

1Opinion of the CourtThompson, J.

In this case the court sustained a demurrer to the plaintiff’s petition, and the plaintiff prosecutes a writ of error to this court. The petition is as follows:

“Now comes plaintiff, and, by leave of court, files this as his amended petition.
“And for his complaint says :
“That, on the fourteenth day of September, 1887, he sold to defendant the following-described real estate situated in the city- of St. Louis and state of Missouri, to-wit: Eight dwelling-houses on northwest corner of Hickory and Joab streets, and the ground on which same are situated, to-wit, lots 28, 29 and 30, in block 6, of…

2Cases cited6 opinions

  1. In re ClohertyWashington Supreme Court · 1891
  2. Bradley v. BosleyNew York Court of Chancery · 1845
  3. Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
  4. Pratt v. ClarkSupreme Court of Missouri · 1874
  5. Pratt v. EatonSupreme Court of Missouri · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Morgan County Coal Co. v. HaldermanSupreme Court of Missouri · 1914
  2. Bishop v. SealMissouri Court of Appeals · 1901
  3. Culver v. SmithMissouri Court of Appeals · 1900
  4. Goebel v. TrollMissouri Court of Appeals · 1897

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