Mowrey v. Vandling
Michigan Supreme Court
Appeal from St. Joseph Circuit in Chancery. The bill was filed to enforce a vendor’s lien for the unpaid purchase money on a sale of lands. The allegations in the bill, and the testimony, are sufficiently shown by the opinion.
1Opinion of the Court
Martin Ch. J.:
Under a bill to establish and enforce a vendor’s lien, it is necessary that the contract of purchase, both as to consideration and terms of payment, should be clearly ¡noven, in order that the court may compel the execution of the agreement of the parties, and not one of its own creation. In the present case no contract is set out in the bill, nor proven by witnesses. Even admitting that the consideration for the sale by the complainant to the defendant was $900, we have no allegation or proof of any contract for its payment, or the times, terms, or instalments upon and in which…
2Cited by14 opinions
- In Re Rudell EstateMichigan Court of Appeals · 2009
- Jost v. WolfWisconsin Supreme Court · 1906
- Dunton v. OuthouseMichigan Supreme Court · 1887
- Stotts v. StottsMichigan Supreme Court · 1917
- Cutler v. SpensMichigan Supreme Court · 1916
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