Johnson v. Burks
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) A vendor’s lien, for failure of title, can not exist where there is an exchange of lands, and nothing more. Where anything is taken in satisfaction of the price, although payment is not positively made, the vendor’s implied lien does not exist. 28 Am. and Eng. Ency.
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Appeal from Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) A vendor’s lien, for failure of title, can not exist where there is an exchange of lands, and nothing more. Where anything is taken in satisfaction of the price, although payment is not positively made, the vendor’s implied lien does not exist. 28 Am. and Eng. Ency. Law, 156, 164, 185, 188, 193; Adams v. Cowherd, 30 Mo. 460; 2 Story on Equity (13 Ed.), sec. 1223; Willard v. Vandusen,-32 Barb. 92; Shelly v. Estes, 83 Mo. App. 310; Nixon v. Knollenberg, 92 Mo. App. 20; Jones v. Rush, 156 Mo. 372; Stevens v. Rainwater, 4 Mo. App.…
1Opinion of the Court
SMITH, P. J. —
The salient facts of this case, as disclosed by the record before us, may be stated in this wise, viz.: That in the year 1880 Daniel Welch was the owner of two lots in the city of Trenton, and Richard Burks claimed to be the owner of one hundred acres of farm land lying near said city. Welch exchanged the city lots with defendant for his land. Each conveyed to the other by a deed of general warranty the subjects of the exchange. The consideration named in the deed of the former was $3,500, and in that of the latter $3,000. Shortly afterwards Burks conveyed to his daughter the…
2Cases cited26 opinions
- McFadin v. CatronSupreme Court of Missouri · 1894
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Chapman v. DoughertySupreme Court of Missouri · 1885
- White v. G. W. StreetTexas Supreme Court · 1886
- Sitton v. ShippSupreme Court of Missouri · 1877
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3Cited by4 opinions
- Johnston v. SpoonheimNorth Dakota Supreme Court · 1909
- Eubank v. FinnellMissouri Court of Appeals · 1906
- Shelton v. CookseyMissouri Court of Appeals · 1909
- Huston v. JohnsonNorth Dakota Supreme Court · 1915