Legal Opinion

Stevens v. Chadwick

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 18 opinions

Error from Douglas District Court. Action brought by James T. Stevens and Calvin A. Harrison, as plaintiffs, against Chadwieh as defendant.

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Error from Douglas District Court. Action brought by James T. Stevens and Calvin A. Harrison, as plaintiffs, against Chadwieh as defendant. The petition discloses substantially the following facts: On April 23d, 1870, F. W. Apitz owned lot No. 114, Connecticut street, city of Lawrence, and through the plaintiffs, land-agents, he entered into a contract to sell the same to one Belle Collier, the plaintiffs to receive as their compensation for negotiating the sale $100 of the purchase-money. Pursuant to these negotiations Apitz executed a title bond, binding himself, his heirs and…

1Opinion of the Court

The opinion of the court was delivered by

Bbeweb, J.:

Two questions arise in this case: First, Has the vendor of real estate, who has executed only a bond to convey, a lien for the unpaid purchase-money? and second, If he has, will the indorsement of a note given for the unpaid price transfer this lien ? Counsel for defendant in error have cited Simpson v. Mundee, 3 Kas., 172, as furnishing a conclusive answer to the first question. We do not so understand it. That case decided that, where an absolute conveyance has been made, the grantor has no lien for the unpaid purchase-money. That decision…

2Cases cited17 opinions

  1. Clark v. HallNew York Court of Chancery · 1839
  2. Sparks v. HessCalifornia Supreme Court · 1860
  3. Wells v. MorrowSupreme Court of Alabama · 1861
  4. Button v. SchroyerWisconsin Supreme Court · 1856
  5. Conner v. BanksSupreme Court of Alabama · 1850

12 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Foster Lumber Co. v. Harlan County BankSupreme Court of Kansas · 1905
  2. Aycock Bros. Lumber Co. v. First National BankSupreme Court of Florida · 1907
  3. Ayres v. ProbascoSupreme Court of Kansas · 1875
  4. Greeno v. BarnardSupreme Court of Kansas · 1877
  5. Gessner v. PalmateerCalifornia Supreme Court · 1891

13 more not listed; retrieve them via the Exa API.

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