Bishop v. Seal
Missouri Court of Appeals
Appeal' from Jasper Circuit Court.— Hon. J. D. Perlcins, Judge. (1) Even though the incumbrances upon the Barton county land exceeded the amount represented by Thomas Seal, yet under the circumstances of this case, plaintiff is not entitled to a vendor’s lien for the excess; especially, where, as here, the evidence shows that no portion of such incumbrances has been paid by her. 3 Pomeroy’s Equi.
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Appeal' from Jasper Circuit Court.— Hon. J. D. Perlcins, Judge. (1) Even though the incumbrances upon the Barton county land exceeded the amount represented by Thomas Seal, yet under the circumstances of this case, plaintiff is not entitled to a vendor’s lien for the excess; especially, where, as here, the evidence shows that no portion of such incumbrances has been paid by her. 3 Pomeroy’s Equi. Jurisp., sec. 1250. (2) The grantor’s lien, wherever recognized, is only permitted as á” security for the unpaid purchase price and not for any other indebtedness or liability. There must be a…
1Opinion of the CourtEllison, J.
Plaintiff owned certain lots in Carter-ville, Jasper-county, Missouri, and defendant owned a farm ill Barton county. An exchange was agreed upon and consummated in Jasper county as follows:
Plaintiff deeded her lots to defendants and executed her note to them for $1,000, and also assumed in defendants’ deed to'her, certain incumbrances on defendants’ farm amounting *259to $5,800. In consideration of these things, defendants deeded the farm to plaintiff. In the transaction, defendants represented to plaintiff that $5,800 was all the incumbrance there was on the farm and plaintiff relied upon such…
2Cases cited7 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Lewis v. Brookdale Land Co.Supreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Derby v. DonahoeSupreme Court of Missouri · 1907
- Morgan County Coal Co. v. HaldermanSupreme Court of Missouri · 1914
- Bishop v. SealMissouri Court of Appeals · 1902
- Johnson v. BurksMissouri Court of Appeals · 1903