Pierson v. David
Supreme Court of Iowa
Appeal from the Des Moines District Court. Oír tbe 29tb of August, 1854, Pierson filed bis bill in Cbancerj in tbe Des Moines District Court, against Jbbn S. David, A. D. Green, and tbe beirs of James Cameron, deceased.
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Appeal from the Des Moines District Court. Oír tbe 29tb of August, 1854, Pierson filed bis bill in Cbancerj in tbe Des Moines District Court, against Jbbn S. David, A. D. Green, and tbe beirs of James Cameron, deceased. Tbe averments in tbe bill, are substantially as follows : On tbe 13th of August, 1838, complainant was seized, possessed of, and bad an equitable interest in a certain “ claim ” or “ claims ” on tbe public lands, on which be bad made valuable improvements, and to which, be bad a preemption right. After setting forth the boundaries of said premises, complainant avers that they…
1Opinion of the Court
Weight, C.'J.
This is an application to enforce what is technically termed a vendor’s lien. Under our law, where so much strictness is required, with regard to placing on the appropriate records evidences of liens and incum-brances, it would seem that in the absence of fraud, courts should be careful in the recognition of this lien. And yet, there'is much of good conscience, equity, and natural justice, in providing that the vendor shall not be regarded as. having lost all dominion over his property, until he is paid ■the agreed price. This lien or trust, though formerly objected to, as being…
2Cases cited1 opinion
- Piatt v. VattierSupreme Court of the United States · 1835
3Cited by27 opinions
- Fisher v. ShropshireSupreme Court of the United States · 1893
- Larson v. MetcalfSupreme Court of Iowa · 1926
- Poweshiek County v. DennisonSupreme Court of Iowa · 1873
- Arnold v. GrimesSupreme Court of Iowa · 1855
- Nycum v. McAllisterSupreme Court of Iowa · 1871
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