Sheehy v. Fulton
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Field, J. The opinion contains a statement of the case. The plaintiff is entitled to a prior lien for the balance of his purchase money under and by virtue of the terms of the contract of sale. (Neil v. McKinney, 11 O. St., 58; Zeigler, Balter <& Co.’s Appeal, 69 Pa. St., 471; Logan v. Taylor, 20 la., 297; Wilkerson v. Bust, 57 Ind., 172; Bohn Mfg.
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Appeal from the district court of Lancaster county. Heard below before Field, J. The opinion contains a statement of the case. The plaintiff is entitled to a prior lien for the balance of his purchase money under and by virtue of the terms of the contract of sale. (Neil v. McKinney, 11 O. St., 58; Zeigler, Balter <& Co.’s Appeal, 69 Pa. St., 471; Logan v. Taylor, 20 la., 297; Wilkerson v. Bust, 57 Ind., 172; Bohn Mfg. Co. v. Kountze, 30 Neb., 719; Henderson v. Connelly, 123 111., 98; Hickox v. Greenxoood, 94 111., 266.) No.attempt is made to reform the contract. The evidence admitted…
1Opinion of the Court
Irvine, C.
Upon September 25, 1890, the plaintiff contracted to sell a lot in the city of Lincoln to the defendant Fulton, $5 of the purchase price being paid in cash, and the remainder, $3,495, to be paid November 1, 1890. The construction of a building upon the lot was begun by Fulton a few days after the execution of this contract. This suit was brought by the plaintiff to foreclose his lien for the purchase money. A number of defendants set up mechanics’ liens growing out of the performance, of labor and furnishing of material for the building. The decree of the district court established…
2Cases cited4 opinions
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
- Bohn Manufacturing Co. v. KountzeNebraska Supreme Court · 1890
- Pickens v. Plattsmouth Investment Co.Nebraska Supreme Court · 1893
- Millsap v. BallNebraska Supreme Court · 1890
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- Belnap v. CondonUtah Supreme Court · 1908
- Home Savings & Loan Ass'n v. SullivanSupreme Court of Oklahoma · 1929
- Pierce v. DomonNebraska Supreme Court · 1915
- Dyer v. ThriftOregon Supreme Court · 1928
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