Shelton v. Jones
Washington Supreme Court
Appeal from, Superior Court, Mason County. Action by David Shelton, William Shorter and wife, and Thomas Read against Ella A. Jones and husband to have certain sums adjudged a lien upon certain real and personal property.
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Appeal from, Superior Court, Mason County. Action by David Shelton, William Shorter and wife, and Thomas Read against Ella A. Jones and husband to have certain sums adjudged a lien upon certain real and personal property. Defendants demurred to the complaint, which was overruled, and, upon their refusal to plead further, the court made the following findings of fact: 1. That at all times in said complaint stated and now the plaintiffs William Shorter and Sarah Shorter were and they are husband and wife. 2. That on the 1st day of May, 1890, the plaintiffs William Shorter and his wife Sarah…
1Opinion of the Court
The opinion of the court was delivered by
Stiles, J. —
This case does not present the question of the existence of a vendor’s lien in behalf of the vendor of real estate in the state of Washington. The equitable lien of a vendor is often confused with the security which the vendor preserves to himself by retaining in himself the legal *696title until the payment of the purchase money. This has been done in this case. The legal title to the property never passed, the instrument which created the relations which existed between the parties being only a bond or agreement for the sale of the property…
2Cases cited4 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Gregory v. MorrisSupreme Court of the United States · 1878
- Stringfellow v. IvieSupreme Court of Alabama · 1882
- Burkhart v. HowardOregon Supreme Court · 1886
3Cited by12 opinions
- Roy v. VaughanWashington Supreme Court · 1918
- Barton v. TombariWashington Supreme Court · 1922
- St. Paul & Tacoma Lumber Co. v. BoltonWashington Supreme Court · 1893
- Johnson v. FlowersUtah Supreme Court · 1951
- Soderstrom v. WhiteNorth Dakota Supreme Court · 1938
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