Spitz v. Kerfoot
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — TIon. Gr. D. Burgess, Judge. , (1) The plaintiffs were entitled to their lien for the purchase price of the property described in their petition, as against all persons and creditors excepting ‘ ‘ in the hands of an innocent purchaser, for value, without notice of the existence of such prior claim for the purchase price.” R. S. 1879, sec. 2353; Boyd v. .Furniture & Stove Co., 38 Mo.
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Appeal from the Grundy Circuit Court. — TIon. Gr. D. Burgess, Judge. , (1) The plaintiffs were entitled to their lien for the purchase price of the property described in their petition, as against all persons and creditors excepting ‘ ‘ in the hands of an innocent purchaser, for value, without notice of the existence of such prior claim for the purchase price.” R. S. 1879, sec. 2353; Boyd v. .Furniture & Stove Co., 38 Mo. App. 210. (2) And such right to their lien for the purchase price takes priority over'all purchasers and incumbrancers with notice-of the fact that the purchase price of the…
1Opinion of the CourtSmith, P. J.
This was a proceeding in equity, instituted to protect and hold property in the hands of the defendant Kerfoot as trustee until the plaintiffs could bring their action and recover at law to enforce a supposed vendor’s lien for the purchase price of personal property sold by them to the defendant Cohen, the grantor in the deed of trust. The petition in substance states, that on the — - day of August, 1889, the *81plaintiffs sold and delivered' to Alfred Cohen, the grantor in the deed cf trust, boys’ and youths’ clothing, to the amount of $557.25 ; that afterwards the said Cohen made, executed and…
2Cases cited17 opinions
- Steines v. Franklin CountySupreme Court of Missouri · 1871
- Merry v. FremonSupreme Court of Missouri · 1869
- Parker v. RodesSupreme Court of Missouri · 1883
- Crim v. WalkerSupreme Court of Missouri · 1883
- Douglas v. St. Louis Zinc Co.Supreme Court of Missouri · 1874
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3Cited by2 opinions
- Gens & Tiede v. Hargadine, McKittrick & Co.Missouri Court of Appeals · 1894
- Victor Mining Co. v. Morning Star Mining Co.Missouri Court of Appeals · 1892