Logan & Cook v. Taylor
Supreme Court of Iowa
Appeal from Dubuque District Court. Mechanic’s lien subordinate to vendor’s lien in equity. — One Botsford was the owner of part of lot 663, in Dubuque.
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Appeal from Dubuque District Court. Mechanic’s lien subordinate to vendor’s lien in equity. — One Botsford was the owner of part of lot 663, in Dubuque. On the 29th March, 1856, he contracted to sell it to one Attix, and executed to him a title bond, agreeing to convey, if the latter paid the purchase-money, the last payment of which matured March 29, 1857. On a failure to pay, Botsford reserved “ the right to sell the lot to any other person, without further notice, time being of the essence of this agreement.” Attix gave Botsford his notes for the purchase-money, amounting, with interest…
1Opinion of the CourtDillon, J.
i iiw». subordínate to vendors, If the plaintiffs had established their allegation that Attix paid the purchase-money and that Taylor too^: deed in trust for him, they would clearly have been entitled to the relief sought. But kere pjaintiffs! case> Up0n the evidence, entirely fails. It is incontestibly shown that Attix did not pay the purchase-money, nor did Taylor take the title in trust for him. That the money which was paid to Bots-ford was furnished by Taylor, Richards & Burden, is not disputed. That it was loaned by them to Attix is not established by the plaintiffs. That it was not…
2Cases cited2 opinions
- Vannice v. BergenSupreme Court of Iowa · 1864
- Barnes v. CamackNew York Supreme Court · 1847
3Cited by3 opinions
- Janes v. OsborneSupreme Court of Iowa · 1899
- Davis v. ElliottIndiana Court of Appeals · 1893
- Cragin v. CarmichaelU.S. Circuit Court for the District of Iowa · 1873