Majors v. Maxwell
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Henry L. McOune, Judge. (1) The petition does not state facts sufficient to constitute a cause of action for the following reasons: (a) Kerr only having an option, and never having any interest in the land, his assignment to Maxwell was the sale of a personal right and not a sale of an interest in land, so that a vendor’s lien could not arise.
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Appeal from Jackson Circuit Court. — Hon. Henry L. McOune, Judge. (1) The petition does not state facts sufficient to constitute a cause of action for the following reasons: (a) Kerr only having an option, and never having any interest in the land, his assignment to Maxwell was the sale of a personal right and not a sale of an interest in land, so that a vendor’s lien could not arise. Rease v. Kittle, 49 S. E. 150; Hopwood v. McOausland, 120 Iowa 221; Warvelle on Abstracts (2 Ed.), sec. 125; Railroad v. Land, 82 Miss. 187; Caldwell v. Frazier, 68 Pac. 1076; Gilbert v. Post, 28 Ohio St. 276;…
1Opinion of the CourtJohnson, J.
Action to foreclose a vendor’s lien. The suit was brought against Oliver H. Maxwell and the Fidelity Trust Company as defendants. The answer filed by the trust company disclosed the fact that Gran-ville M. Cole and Charles D. Carlisle owned an interest in the land sought to be subjected to the lien and they were made parties to the suit, entered appearance and filed answers.
In the decree rendered, plaintiff was given a personal judgment against defendant Maxwell in the sum of $932.25; the amount was adjudged to be a lien on Maxwell’s interest in thé land and an order was made foreclosing the…
2Cases cited17 opinions
- Block v. MorrisonSupreme Court of Missouri · 1892
- Emison v. WhittleseySupreme Court of Missouri · 1874
- Vaughan v. DanielsSupreme Court of Missouri · 1889
- Delassus v. PostonSupreme Court of Missouri · 1854
- Pomeroy v. FullertonSupreme Court of Missouri · 1893
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3Cited by5 opinions
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- Tucker v. Ameriquest Mortgage Co. (In Re Tucker)United States Bankruptcy Court, E.D. Missouri · 2003
- Rickard v. DorseyMissouri Court of Appeals · 1924