West Plains Bank v. Edwards
Missouri Court of Appeals
Appeal from tlie Wright Circuit Court.—Hon. Argus Gox, Judge. (1) A vendor has a lien against the land conveyed for any part of the purchase price remaining unpaid against the purchaser and subsequent purchasers who have notice of the nonpayment of the purchase price; this lien being an incident of the transaction can be excluded only by facts which show an intention to exclude it, and the vendee has the burden of repelling the presumption of the lien. 2 Jones on Liens,…
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Appeal from tlie Wright Circuit Court.—Hon. Argus Gox, Judge. (1) A vendor has a lien against the land conveyed for any part of the purchase price remaining unpaid against the purchaser and subsequent purchasers who have notice of the nonpayment of the purchase price; this lien being an incident of the transaction can be excluded only by facts which show an intention to exclude it, and the vendee has the burden of repelling the presumption of the lien. 2 Jones on Liens, secs. 1064, 1065 and Í083; Major v. Buldey, 51 Mó. 227; Carr v. Thompson, 67 Mo. 472; Bennett v. Shipley, 82 Mo. 448; Pratt…
1Opinion of the CourtBland, P. J.
The undisputed evidence introduced on the trial of this cause discloses substantially the following facts: On the twenty-eighth day of February, 1891, defendant Malcolm Hunter was the owner of two contiguous tracts of land in Wright county, Missouri, containing about 320 acres; the descriptions of these tracts being somewhat complicated, we will hereafter refer to them as “Tract A” and “Tract B” respectively. On February 28, 1891, Hunter executed a deed of trust conveying to Ragland, trustee, said Tract A to secure the payment of his note for $1,000, and interest, due January 1, payable to…
2Cases cited17 opinions
- Orrick v. DurhamSupreme Court of Missouri · 1883
- Patterson v. BoothSupreme Court of Missouri · 1890
- Young v. HudsonSupreme Court of Missouri · 1889
- Carr v. ThompsonSupreme Court of Missouri · 1878
- Tydings v. PitcherSupreme Court of Missouri · 1884
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3Cited by3 opinions
- Alabama-Florida Co. v. MaysSupreme Court of Florida · 1933
- Coffman v. Saline Valley RailroadMissouri Court of Appeals · 1914
- Barber v. StroubMissouri Court of Appeals · 1905