Wooldridge v. Scott
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Wm. T. Wood, Judge. Having paid the purchase money at the request of the vendee, and with the distinct and specific understanding and agreement that the lien should continue, the plaintiff' is entitled to the benefit of the vendor’s lien.
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Appeal from Saline Circuit Court. — Hon. Wm. T. Wood, Judge. Having paid the purchase money at the request of the vendee, and with the distinct and specific understanding and agreement that the lien should continue, the plaintiff' is entitled to the benefit of the vendor’s lien. Bartlett v. Glascock, 4 Mo. 62 ; Truesdell v. Callaway, 6 Mo. 605. The reason is, that it would be a fraud upon the party making the advance under these circumstances, to permit the vendee to take the title and retain the land, for which the money of another had paid, without repaying the purchase money. It certainly…
1Opinion of the CourtSherwood, C. J.
In August, 1860, Francis M. Wooldridge bought of Jane Chambers a tract of land of fifty acres, executed his 'note to her. lor the purchase price, $1,000, receiving in return a title-bond. Some years after-wards, Jane Chambers died, and Wm. D. Wooldridge administered upon her estate. The note and interest then amounted to $1,444.84. Francis M. Wooldridge had a claim allowed against the estate of Jane Chambers for $746.56. . lie then, being desirous of securing the legal title of the land bought, entered into an arrangement with Wm. D. Wooldridge, whereby the latter surrendered to Francis M.…
2Cases cited3 opinions
- Austin v. UnderwoodIllinois Supreme Court · 1865
- Eyster v. HathewayIllinois Supreme Court · 1864
- Chambers v. LecompteSupreme Court of Missouri · 1845
3Cited by16 opinions
- Bunn v. LindsaySupreme Court of Missouri · 1888
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
- Price v. CourtneySupreme Court of Missouri · 1885
- Howell v. CommissionerUnited States Board of Tax Appeals · 1931
- Cornwell v. OrtonSupreme Court of Missouri · 1895
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