Carey v. Boyle
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. The defendants appealed from a judgment establishing a vendor’s lien in favor of the plaintiff, James Carey, upon forty acres of land owned and occupied as a homestead by the defendants. The case is stated in the opinion. 1. Uo vendor’s lien was established.
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APPEAL from the Circuit Court for Waushara County. The defendants appealed from a judgment establishing a vendor’s lien in favor of the plaintiff, James Carey, upon forty acres of land owned and occupied as a homestead by the defendants. The case is stated in the opinion. 1. Uo vendor’s lien was established. A person who advances money to a purchaser to enable him to buy land, cannot claim the benefit of a vendor’s lien. 1 Herman on Mortgages, § 185; Stansell v. Boberts, 13 Ohio, 148; Crane v. Caldwell, 14 Ill., 468; Bwrnap v. Cook, 16 Iowa, 149; Truesdell v. Calla-way, 6 Mo., 605; Kottes's…
1Opinion of the CourtOrton, J.
The findings of the circuit court, which, we think, were warranted by the evidence, are, in brief and substance, as follows: James Carey, the respondent, purchased the 120 acres of land, intended for the benefit of his brother Patrick, and paid the purchase money, and directed the deed to be made to Patrick. This was done, and the deed was left with James, *577and, on Patrick’s paying part of the consideration money back to James in a landed interest which he held by inheritance, of the agreed value of one-half of it, and executing his notes on long time for the balance, was delivered to him.…
2Cases cited10 opinions
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
- Austin v. UnderwoodIllinois Supreme Court · 1865
- Curtis v. RootIllinois Supreme Court · 1858
- Magee v. MageeIllinois Supreme Court · 1869
- Jones v. ParkerWisconsin Supreme Court · 1881
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3Cited by31 opinions
- Otis v. GregoryIndiana Supreme Court · 1887
- Burrus v. CookSupreme Court of Missouri · 1908
- Barrett v. LewisIndiana Supreme Court · 1886
- Wilton v. MayberryWisconsin Supreme Court · 1889
- Dwenger v. BraniganIndiana Supreme Court · 1884
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