Gill v. Clark
Supreme Court of Missouri
Appeal from Adair Circuit Court. I. The instrument, before it could convey any interest in the land or be any security, must be signed and sealed by the party making it. (Wagn. Stat., ch. 35, § 7.) "Without a seal it is not binding between the parties. (Caldwell vs. Head, 17 Mo., 563 ; Moreau vs. Detchemendy, 18 Mo., 530.) II. As to the law of vendor’s liens and intentions to hold the land as security in this State.
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Appeal from Adair Circuit Court. I. The instrument, before it could convey any interest in the land or be any security, must be signed and sealed by the party making it. (Wagn. Stat., ch. 35, § 7.) "Without a seal it is not binding between the parties. (Caldwell vs. Head, 17 Mo., 563 ; Moreau vs. Detchemendy, 18 Mo., 530.) II. As to the law of vendor’s liens and intentions to hold the land as security in this State. (Delassus vs. .Poston, 19 Mo., 425 ; Pemberton vs. Johnson, 46 Mo., 342.) III. Taking a perfect mortgage on the land is no implied waiver of the lien. (Stafford vs. Van…
1Opinion of the CourtAdams, Judge
This was an action to enforce a vendor’s lien against lands held by the defendant, Blair, as a purchaser from the vendee.
*417The leading facts are that the plaintiff sold and conveyed the laud, situated in Adair county, to the defendant, Joseph B. Clark, for $1,450, of which $800 was in hand paid, and a note for $650 given by Clark to the plaintiff for the balance. At the time of the execution of the deed to Clark; he executed to plaintiff an instrument of writing, not under seal, but in' the shape of a'mortgage on the same lands, to secure the unpaid note, which instrument was not acknowledged,…
2Cited by4 opinions
- Greene County Bank v. GraySupreme Court of Missouri · 1898
- Koger v. HaysSupreme Court of Missouri · 1874
- Conn v. FerreeSupreme Court of Missouri · 1875
- Kennedy v. BallardMissouri Court of Appeals · 1890