Pratt v. Eaton
Supreme Court of Missouri
Error to Cole Circuit Court.—Hon. Geo. "W. Miller, Judge. 1. Mrs. Clark having failed to remove the incumbrance as stipulated, equity will enforce a specific performance of the contract. 1 Sto. Eq., § 30; 2 lb. Tit., Specific Performance. 2. Pratt has a vendor’s lien on the mill property to secure the payment of the purchase money with interest.
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Error to Cole Circuit Court.—Hon. Geo. "W. Miller, Judge. 1. Mrs. Clark having failed to remove the incumbrance as stipulated, equity will enforce a specific performance of the contract. 1 Sto. Eq., § 30; 2 lb. Tit., Specific Performance. 2. Pratt has a vendor’s lien on the mill property to secure the payment of the purchase money with interest. Pratt v. Clark, 57 Mo. 189. 3. The pretended sales by Eaton to Mrs. Clark, apd by her to her son, Luther Hickok, were made long after the commencement of this suit. 4. The fact that Mrs. Clark paid more than her proportion of the purchase money, if…
1Opinion of the CourtSherwood, C. J.
^rSek; Vex-agreementrtoalrétrance.inoum"
This case was here before, (57 Mo. 189) when we took occasion to declare our views in respect vendor’s liens. When the case was re-Branded, the defendant, John Clark, having died, and Eaton failing to answer, Mrs. Clark answered, putting in issue the allegations of the petition and setting up certain matters of defense which will be hereafter adverted to. On the hearing, the result was adverse to the plaintiff’, and he comes here by writ of error. The case before us, had its origin as will be seen by the volume referred to, in an exchange of certain…
2Cases cited5 opinions
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Durette v. BriggsSupreme Court of Missouri · 1871
- Sullivan v. FergusonSupreme Court of Missouri · 1867
- Winston v. VaughanSupreme Court of Arkansas · 1860
- Ellenmann v. ThompsonSupreme Court of Missouri · 1847
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