Soukup v. Wenisch

Action to enforce a vendor’s lien. There were findings for the defendant and the plaintiff appeals from the order denying his motion for a new trial.

On May 4, 1920, Wenzel Soukup, a brother of the plaintiff, conveyed real property in New Ulm to the defendant Frank Wenisch. The consideration was $3,500, all of which Wenzel Soukup received. Wenisch paid $2,100 of his own money, and obtained from the plaintiff $1,400 with which he paid the balance and for which he gave the plaintiff his note at 5 per cent. For this $1,400 the plaintiff claims a vendor’s lien.

The doctrine that a vendor has a lien…