Delassus v. Poston
Supreme Court of Missouri
Appeal from St. Frangois Circuit Court. This was a petition, filed by O. E. and L. Delassus against Poston, to enforce a vendor’s lien for an unpaid balance of the purchase money of land. McGready was subsequently made a co-defendant.
Read the full summary
Appeal from St. Frangois Circuit Court. This was a petition, filed by O. E. and L. Delassus against Poston, to enforce a vendor’s lien for an unpaid balance of the purchase money of land. McGready was subsequently made a co-defendant. In March, 1840, the plaintiffs, and their sister, the wife of Peter R. Pratte, being the owners of the land, sold the same to George W. Hoy, who executed three notes for the purchase’ money, the last of which was payable on the 30th of March, 1842. The first of the notes was signed by J. B. Clardy, as security, to whom Hoy shortly afterwards executed a mortgage…
1Opinion of the CourtGamble, Judge
1. That a vendor retains a lien for the unpaid purchase money of land, even when he'has conveyed the same to the *429vendee, and has not waived or discharged the lien, is a settled principle of law. That the taking a bond or note of the vendee has no effect in waiving the lien, is as clearly settled. That a lien may be waived by the act of the parties showing that it was not intended to be retained, has been admitted in all the cases in which the subject has been considered. Chancellor Kent, in Carson v. Green, 1 John. Ch. R. 309, says : “ Prima facie, the purchase money is a lien upon the land,…
2Cases cited1 opinion
- Chauvin v. Wagner & DorsettSupreme Court of Missouri · 1853
3Cited by20 opinions
- Durette v. BriggsSupreme Court of Missouri · 1871
- Adams v. BuchananSupreme Court of Missouri · 1871
- Thornton v. National Exchange BankSupreme Court of Missouri · 1879
- Sullivan v. FergusonSupreme Court of Missouri · 1867
- Siemers v. KleeburgSupreme Court of Missouri · 1874
15 more not listed; retrieve them via the Exa API.