Erickson v. Smith
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. — Hon. Gf.W. Ruddick, Judge. The plaintiff filed Ms petition, November 10, 1887, asking judgment against the defendant Smith, on two notes falling due, respectively, December 20, 1887, and February 20, 1888, which he alleges were given for the balance of the purchase price of certain lands described, and praying for a vendor’s lien thereon; and also alleging “that nothing but time is wanting for both of said notes to become due and…
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Appeal from Cerro Gordo District Court. — Hon. Gf.W. Ruddick, Judge. The plaintiff filed Ms petition, November 10, 1887, asking judgment against the defendant Smith, on two notes falling due, respectively, December 20, 1887, and February 20, 1888, which he alleges were given for the balance of the purchase price of certain lands described, and praying for a vendor’s lien thereon; and also alleging “that nothing but time is wanting for both of said notes to become due and payable.” No original notice was ever served or issued in the case; but on December 5, 1887, the defendant Smith appeared…
1Opinion of the CourtGiven, J.
I. The right of vendors of real estate to a lien thereon for unpaid purchase money, though questioned by high authority, and rejected by many of the states, has been recognized in this state since Pierson v. David, 1 Iowa, 23. “It is a simple equity, raised and administered by courts of chancery. It is not measured by any fixed rules, nor does it depend upon any particular fact or facts. Each case rests upon its own peculiar circumstances, and the vendor’s lien is given or denied according to its rightfulness and equity, in the judgment of the court, upon the facts developed in the particular…
2Cases cited2 opinions
- Pierson v. DavidSupreme Court of Iowa · 1855
- Porter v. City of DubuqueSupreme Court of Iowa · 1866
3Cited by5 opinions
- Smith v. DaytonSupreme Court of Iowa · 1895
- Gerstell v. ShirkCourt of Appeals for the Seventh Circuit · 1913
- Kladivo v. HospodarskySupreme Court of Iowa · 1920
- Bain v. UllerichSupreme Court of Iowa · 1920
- Hodgson v. Smith Bros.Supreme Court of Iowa · 1907