Moody v. Peyton
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The probate court has not equitable or chancery jurisdiction, and could not, and did not, adjudicate the question of plaintiffs’ right to enforce q vendor’s lien to the property in controversy. Boss v. Julian, 70 Mo. 209; Church v. McElhinney, 61 Mo. 540; Church v. Boberson, 71 Mo. 326; Patterson v. Booth, 103 Mo. 402; Boston v. Murray, 94 Mo. 175; In re Elliott v. Wilson, 27 Mo.
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Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) The probate court has not equitable or chancery jurisdiction, and could not, and did not, adjudicate the question of plaintiffs’ right to enforce q vendor’s lien to the property in controversy. Boss v. Julian, 70 Mo. 209; Church v. McElhinney, 61 Mo. 540; Church v. Boberson, 71 Mo. 326; Patterson v. Booth, 103 Mo. 402; Boston v. Murray, 94 Mo. 175; In re Elliott v. Wilson, 27 Mo. App. 218; Butler v. Lawson, 72 Mo. 244; State ex rel. v. Jones, 53 Mo. App. 207; Owens v. Link, 48 Mo. App. 534; 1 Woerner’s Law of Administration, sec.…
1Opinion of the CourtSherwood, J.
Proceeding to enforce vendor’s lien, on the following described property in Harrison-ville, Missouri, to wit: The east half of blocks number 185 and 186, and ten feet off the north side of block, number 193.
Plaintiff, as the guardian and curator of his son,, by order of the probate court, and on his own behalf,, sold the land aforesaid to Sarah E. Peyton for $4,000,. *487$100 of which she paid down, and for the balance gave her promissory note, receiving in return a title bond and was placed in possession of the' land, which she continued to occupy from June 1, 1891, till August of that year,…
2Cases cited5 opinions
- Payne v. O'SheaSupreme Court of Missouri · 1884
- Lessee of Irvin v. SmithOhio Supreme Court · 1848
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Rogers v. JohnsonSupreme Court of Missouri · 1894
- Proctor v. . ProctorSupreme Court of North Carolina · 1890
3Cited by24 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- Hamilton v. McLeanSupreme Court of Missouri · 1897
- Fears v. RileySupreme Court of Missouri · 1899
- United States v. SpohrerDistrict Court, D. New Jersey · 1910
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