Cornet v. Bertelsmann
Supreme Court of Missouri
Appeal from Franklin County Circuit Court. A subsequent purchaser of the legal title to lands with actual notice of a subsisting vendor’s lien thereon, without doubt takes no greater title to the land than his vendee badBnt the evidence of the notice must be clear and undoubted, amounting in effect to evidence, that knowing of the prior incumbrance the vendee took the conveyance with the intent to defraud the owner of the lien. (Ad. Doc. Eq., 164; Sto. Eq.
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Appeal from Franklin County Circuit Court. A subsequent purchaser of the legal title to lands with actual notice of a subsisting vendor’s lien thereon, without doubt takes no greater title to the land than his vendee badBnt the evidence of the notice must be clear and undoubted, amounting in effect to evidence, that knowing of the prior incumbrance the vendee took the conveyance with the intent to defraud the owner of the lien. (Ad. Doc. Eq., 164; Sto. Eq. Jur., § 39S; Wyatt vs. Barrel!, 19 Yes., 435; Forest vs. Moorman, 2 Carter, [Ind.] 17; Eagg vs. Mann, 2 Sumn., 486 ; Hine vs. Dodd, 2…
1Opinion of the CourtTories, Judge
This action was originally commenced on the 12th day of December, 1870, against the defendant Bertelsmann alone. Tlie defendants Brinker and Sullen trap afterwards appeared, and were made defendants to the action on their own motion.
The action was to recover the amount due by a- promissory note executed by defendant Bertelsmann to plaintiff,, bearing date August 4th, 1870, for the payment of $5654.20, sixty days after date, with interest at the rate of ten per cent, per annum, and to enforce a vendor’s lien against certain real estate in the petition described, for the purpose of the…
2Cases cited4 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Jackson, ex dem. Humphrey v. GivenNew York Supreme Court · 1811
- Walton v. WaltonSupreme Court of Missouri · 1852
3Cited by8 opinions
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Brewer v. BlantonMissouri Court of Appeals · 1977
- Fanning v. DoanSupreme Court of Missouri · 1897
- Truesdale v. BrennanSupreme Court of Missouri · 1900
- Chicago, Santa Fe & California Railway Co. v. VivianMissouri Court of Appeals · 1889
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