Smith v. Rowland
Supreme Court of Kansas
Error from Osage District Qowrt. Action to enforce a vendor’s lien on lands sold by Smith to the Rowlands, created by contract between these parties. The petition set forth the deed and note evidencing the contract. The Rowlands had sold and conveyed the land, and it was held by several different parties, all of whom were joined as co-defendants. The defendants demurred.
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Error from Osage District Qowrt. Action to enforce a vendor’s lien on lands sold by Smith to the Rowlands, created by contract between these parties. The petition set forth the deed and note evidencing the contract. The Rowlands had sold and conveyed the land, and it was held by several different parties, all of whom were joined as co-defendants. The defendants demurred. Trial on the demurrer, at the April Term 1873 of the district court, and judgment in favor of the defendants. Smith, plaintiff, brings the case to this court on error. 1. The defendant contends that a vendor’s lien at common…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only questions involved in this case are as follows: First, Can a vendor’s lien on real estate for unpaid purchase-money be created by the express contract of the parties at the time of the sale and conveyance of such real estate ? Second, And if so, was any such lien created in the present case? In the present case a deed of conveyance was executed for the land, and a promissory note was given for the unpaid purchase-money. The substance of the deed, so far as it has any application to this case, was, that Marshall Smith sold and…
2Cases cited10 opinions
- Sparks v. HessCalifornia Supreme Court · 1860
- Simpson v. MundeeSupreme Court of Kansas · 1865
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- Stevens v. ChadwickSupreme Court of Kansas · 1872
- Carpenter v. MitchellIllinois Supreme Court · 1870
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3Cited by2 opinions
- Greeno v. BarnardSupreme Court of Kansas · 1877
- Felzien v. WieckSupreme Court of Kansas · 1925