Adams v. Buchanan
Supreme Court of Missouri
Appeal from, Lincoln Circuit Court. Defendants purchased without any notice of plaintiff’s lien, and could not be affected by it. The deed was sufficient to pass title, notwithstanding the lack of the clerk’s indorsement of the sheriff’s acknowledgment. (Scruggs v. Scruggs, 41 Mo. 242; Crowley v. Wallace, 12 Mo. 145.) Plaintiff’s obtaining judgment against defendants’ property, real and personal, was most emphatically a taking of other security, which discharged his lien.
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Appeal from, Lincoln Circuit Court. Defendants purchased without any notice of plaintiff’s lien, and could not be affected by it. The deed was sufficient to pass title, notwithstanding the lack of the clerk’s indorsement of the sheriff’s acknowledgment. (Scruggs v. Scruggs, 41 Mo. 242; Crowley v. Wallace, 12 Mo. 145.) Plaintiff’s obtaining judgment against defendants’ property, real and personal, was most emphatically a taking of other security, which discharged his lien. (Gilman v. Brown, 1 Mason, 212 ; 1 Sto.- Eq. 480 ; 4 Kent’s Com. 151-3 ; Cowl v. Varnum, 37 111. 181; 27 111. 433;…
1Opinion of the CourtBliss, Judge
The plaintiff brings his suit to enforce a vendor’s lien, and shows that in 1859 he sold certain real estate in Lincoln county for about $5,000 to defendant Buchanan, who paid a portion of the purchase-money, and in December, 1859, executed for the balance his promissory note for $3,176, upon which $850 was afterward paid. In 1861, Buchanan having sold a portion of the land, failed and left the country. Attachment proceedings were at once instituted against-his. property by defendants Turner and Knight, and Thomas Turner and H. J. Pollard, and also a subsequent attachment was sued out by the…
2Cases cited9 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Fish v. HowlandNew York Court of Chancery · 1828
- Turner v. AdamsSupreme Court of Missouri · 1870
- Delassus v. PostonSupreme Court of Missouri · 1854
- Durette v. BriggsSupreme Court of Missouri · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- Matthews v. BlakeWyoming Supreme Court · 1907
- Carr v. ThompsonSupreme Court of Missouri · 1878
- Hunter v. HunterSupreme Court of Missouri · 1931
- Pugh v. HighleyIndiana Supreme Court · 1899
12 more not listed; retrieve them via the Exa API.