Dickason v. Eby
Supreme Court of Missouri
Error to Ralls Circuit Court. — •Hon. John T. Redd, Judge. 1. Nothing was sold at the execution sale except the right, title and interest of Eby, and Eby at that time had only an equity of redemption. Nothing else was sold or could be sold. The land itself was not sold.
Read the full summary
Error to Ralls Circuit Court. — •Hon. John T. Redd, Judge. 1. Nothing was sold at the execution sale except the right, title and interest of Eby, and Eby at that time had only an equity of redemption. Nothing else was sold or could be sold. The land itself was not sold. Lewis v. Chapman, 59 Mo. 371; Broadwell v. Yantis, 10 Mo. 399; Lumley v. Robinson, 26 Mo. 364; Gaston v. White, 46 Mo. 486 ; McNair v. O’Fallon, 8 Mo. 188. Prom the very nature of the transaction, a sale under a general judgment against the vendee cannot extinguish the lien of the vendor, becahse there is no judgment to…
1Opinion of the CourtNorton, J.
This was a proceeding in equity to subject to sale certain lands for the payment of that portion of the purchase money which was due at the time the suit was brought. The facts, as developed by the testimony are as follows: On the 2nd day of February, 1871,-one Richard Wilton, by deed of general warranty, conveyed to the defendant, David S. Eby, the land described in plaintiff’s petition, situated in Ralls county, Missouri. The consideration for this sale, as stated in the deed, was the sum of $15,000, to be paid as follows, as set forth in the deed: Eby was to pay off' and discharge at its…
2Cases cited4 opinions
- Bishop v. SchneiderSupreme Court of Missouri · 1870
- Lumley v. RobinsonSupreme Court of Missouri · 1858
- Outton v. MitchellCourt of Appeals of Kentucky · 1815
- Lewis v. ChapmanSupreme Court of Missouri · 1875
3Cited by3 opinions
- State v. OwensSupreme Court of Missouri · 1883
- Longmaid v. CoulterCalifornia Supreme Court · 1898
- Dickason v. FishesSupreme Court of Missouri · 1897