Legal Opinion

Sloan v. Campbell

Supreme Court of Missouri

Decided April 15, 1880PublishedCited by 10 opinions

Appeal from Cass Circuit Court. — Hon. E. P. Wright, Judge. cited in argument Shall v. JBiscoe, 18 Ark. 162; Simpson v. Montgomery, 25 Ark. 372; Hechtv. Spears, 27 Ark. 229, (11 Am. Eep. 784;) 2 Story’s Eq. Jur., (9 Ed.) § 1227, p. 456; Green v. Demoss, 10 Humph. 371; Ahrend v. Odióme, 118 Mass. 261; 19 Am. Eep. 449; Fain v. Inman, 6 Heisk. (Tenn.) 5 ; 19 AmEep. 577; Dixon v. Dixon, 1 Md. Chan. Dec. 220 ; Machreth v. Symmons, 1 Lead.

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Appeal from Cass Circuit Court. — Hon. E. P. Wright, Judge. cited in argument Shall v. JBiscoe, 18 Ark. 162; Simpson v. Montgomery, 25 Ark. 372; Hechtv. Spears, 27 Ark. 229, (11 Am. Eep. 784;) 2 Story’s Eq. Jur., (9 Ed.) § 1227, p. 456; Green v. Demoss, 10 Humph. 371; Ahrend v. Odióme, 118 Mass. 261; 19 Am. Eep. 449; Fain v. Inman, 6 Heisk. (Tenn.) 5 ; 19 AmEep. 577; Dixon v. Dixon, 1 Md. Chan. Dec. 220 ; Machreth v. Symmons, 1 Lead. Cases in Eq. 275; 2 Washburn Eeal Prop., (3 Ed.) top page 92, § 18; § 3, chap. 18, Title “Mortgage ;” Gann v. Chester, 5 Yerger 205; Sheratz v. Nicodemus, 7…

1Opinion of the CourtNapton, J.

The only question presented by the record in this case, is whether the plaintiff, an indorsee of a note made to the vendor of a tract of land for a part of the purchase money of the tract, can enforce his lien upon the land, there having been no transfer of the land by the pur*388chaser. The lien of a vendor of land for his purchase money secured by note, under the circumstances stated, has never been questioned in this State. We have followed the decision in Mackreth v. Symmons, 15 Vesey 329, and we have allowed this lien where there has been an absolute conveyance, as well as where there was…

2Cases cited3 opinions

  1. Bailey v. SmockSupreme Court of Missouri · 1875
  2. State National Bank of St. Joseph v. RobidouxSupreme Court of Missouri · 1874
  3. Adams v. CowherdSupreme Court of Missouri · 1860

3Cited by10 opinions

  1. State ex rel. Evans v. OrahoodMissouri Court of Appeals · 1887
  2. Board v. WilsonWest Virginia Supreme Court · 1891
  3. Bragg v. RossSupreme Court of Missouri · 1942
  4. Majors v. MaxwellMissouri Court of Appeals · 1906
  5. Dickason v. FishesSupreme Court of Missouri · 1897

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