Adams v. Cowherd
Supreme Court of Missouri
Error to Saline Circuit Cowrt. The facts of this case, in brief, are as follows: James M. Taylor sold certain tracts of land to George R. Cowherd, giving him, said Cowherd, a bond conditioned for the conveyance of said land to said Cowherd upon the payment of the purchase money. Cowherd gave his negotiable promissory notes to Taylor for the instalments to be paid. One of these notes was assigned by Taylor to the plaintiff Andrew Adams.
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Error to Saline Circuit Cowrt. The facts of this case, in brief, are as follows: James M. Taylor sold certain tracts of land to George R. Cowherd, giving him, said Cowherd, a bond conditioned for the conveyance of said land to said Cowherd upon the payment of the purchase money. Cowherd gave his negotiable promissory notes to Taylor for the instalments to be paid. One of these notes was assigned by Taylor to the plaintiff Andrew Adams. Another note was assigned to the defendant George W. Nelson. Cowherd sold said land to one Hancock W. Davis, a defendant in this suit, who set up in his answer…
1Opinion of the CourtSoott, Judge
The application of the doctrine in relation to a vendor’s lien for the unpaid purchase money may arise where the vendor makes an absolute deed which conveys away his legal title to the vendee, and also where the legal title is retained by the vendor, he only giving a title bond to convey when the purchase money is paid. The want of attention to this dif*461ference, among the cases in which the right of a vendor to a lien for his unpaid purchase money has been involved, causes much embarrassment in the examination of this subject. It is obvious that the vendor, ,who retains his legal title and…
2Cited by11 opinions
- Wilcox v. First National BankTexas Supreme Court · 1900
- Melton v. SmithSupreme Court of Missouri · 1877
- Adair v. AdairSupreme Court of Missouri · 1883
- A. C. Petri & Bro. v. First National BankTexas Supreme Court · 1892
- Sloan v. CampbellSupreme Court of Missouri · 1880
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