Stevens v. Rainwater
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A vendor of laud conveyed by deed has a lien upon the land for the unpaid consideration, against vendee and purchasers from him with notice. — McLean v. McLellan, 10 Pet. 625 ; Diebler v. Boswiclc, 4 Blackf. 339; Watson v. Wells, 5 Conn. 468; Garson v. Green, 1 Johns.
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Appeal from St. Louis Circuit Court. A vendor of laud conveyed by deed has a lien upon the land for the unpaid consideration, against vendee and purchasers from him with notice. — McLean v. McLellan, 10 Pet. 625 ; Diebler v. Boswiclc, 4 Blackf. 339; Watson v. Wells, 5 Conn. 468; Garson v. Green, 1 Johns. Ch. 308 ; Bagley v. Green-leaf, 7 Wheat. 46, 50 ; Davis v. Lamb, 30 Mo. 441. The taking in payment, by the vendor, of the note of a third party, or other property, will not be a waiver of the lien, if the vendor was induced to take such note or property by the representations of the vendee,…
1Opinion of the CourtHaydeN, J.
This is a suit to enforce a vendor’s lien. The plaintiff ■charges that he sold the defendant certain real estate for $30,000, and that, of the purchase-money, $5,000 remains unpaid. The defendant denies that that amount remained unpaid, and alleges that in the deed of the property plaintiff acknowledged full payment. The plaintiff admits that the receipt of the money is stated in the deed, and pleads fraud, in this : that $5,000 of the consideration consisted in a note of the Gravois Eailroad Company, of date March 6, 1874, which the defendant represented to plaintiff to be good ; and,…
2Cases cited10 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Fish v. HowlandNew York Court of Chancery · 1828
- Emison v. WhittleseySupreme Court of Missouri · 1874
- Delassus v. PostonSupreme Court of Missouri · 1854
- Durette v. BriggsSupreme Court of Missouri · 1871
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3Cited by4 opinions
- Hornblower v. CrandallMissouri Court of Appeals · 1879
- Hunt v. MarshSupreme Court of Missouri · 1883
- Union National Bank v. HuntMissouri Court of Appeals · 1879
- Franklin v. HolleMissouri Court of Appeals · 1879