Shelley v. Estes
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Son. John Colb Lamson, Judge. (1) It is difficult to understand upon what theory the trial court, decided this case adversely to plaintiff. The proof was abundant, clear , and positive that the balance of the purchase price of plaintiff’s estate in this land had never been paid and that defendant, Jacob Estes, had full and complete knowledge of its nonpayment.
Read the full summary
Appeal from the Newton Circuit Court. — Son. John Colb Lamson, Judge. (1) It is difficult to understand upon what theory the trial court, decided this case adversely to plaintiff. The proof was abundant, clear , and positive that the balance of the purchase price of plaintiff’s estate in this land had never been paid and that defendant, Jacob Estes, had full and complete knowledge of its nonpayment. This being fully established was sufficient and all that was necessary to entitle plaintiff to recover and enforce her liens. Delassus v. Poston, 19 Mo. 425; 2 Jones on Liens, secs. 1061, 1062 and…
1Opinion of the CourtBland, P. J.
The action is in equity to establish and enforce a vendor’s lien against real estate for a balance of the purchase price alleged to be due. The essential facts are, that in 1891 Galvin Shelley died intestate seized of about 900 acres of land situated in McDonald county and some personal estate (amount not developed by the evidence). He left surviving him Mary A. Shelley (the plaintiff) his widow, and Isaac R. Shelley, E. H. Goodner (nee, Shelley) Thursia Y. Culp (nee Shelley) Mollie B. Hodge (nee Shelley) Elvia J. Shelley and Benjamin E. Shelley, his children by Mary A. as his only heirs, all…
2Cases cited7 opinions
- Delassus v. PostonSupreme Court of Missouri · 1854
- Durette v. BriggsSupreme Court of Missouri · 1871
- Adams v. BuchananSupreme Court of Missouri · 1871
- Carr v. ThompsonSupreme Court of Missouri · 1878
- Sullivan v. FergusonSupreme Court of Missouri · 1867
2 more not listed; retrieve them via the Exa API.