Demeter v. Wilcox
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The common law doctrine of vendor’s liens is in force m this state, the same never having been changed or modified by statute. And it is conceded that the mere loaning of money to the vendee, which is used to pay the purchase money of land, or the voluntary and unauthorized payment of the same, does not establish a lien in favor of one so loaning or paying the 'money.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The common law doctrine of vendor’s liens is in force m this state, the same never having been changed or modified by statute. And it is conceded that the mere loaning of money to the vendee, which is used to pay the purchase money of land, or the voluntary and unauthorized payment of the same, does not establish a lien in favor of one so loaning or paying the 'money. Truesdell v. Callaivay, 6 Mo. 605. (2) Had the latter deed of trust been made to the vendor, Railroad Company, instead of to the plaintiff furnishing the money,…
1Opinion of the CourtBubgess, J.
Suit in equity. The land in question was owned by the Hannibal and St. Joseph Railroad Company. In November, 1868, it sold to one "Web M. Rubey on time and gave him bond for deed in payment of the purchase money. On the *638sixteenth day of October, 1871, Bnbey assigned said contract to Thomas G-. Yale, who took possession of the land and improved it. And afterwards, bn the fourteenth day of January, 1875, Yale and wife conveyed by deed Twelve and one-half acres of land in Macon county to Needham, and at the same time Yale delivered said railroad contract to Needham, but without assignment; and…
2Cases cited10 opinions
- Carey v. BoyleWisconsin Supreme Court · 1881
- Curtis v. RootIllinois Supreme Court · 1858
- Moring v. . DickersonSupreme Court of North Carolina · 1881
- Kaiser v. LembeckSupreme Court of Iowa · 1880
- Bolles v. CarliSupreme Court of Minnesota · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Marin v. KnoxSupreme Court of Minnesota · 1912
- Baker v. Farmers' Bank of ConwayMissouri Court of Appeals · 1926
- Woodard v. HouseholderSupreme Court of Missouri · 1926
- Lemmon v. LincolnMissouri Court of Appeals · 1896
- Bledsoe v. WestMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.