Fowles v. Bentley
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — No». Jas. D. Barnett^ Judge. (1) The enforcement of plaintiff’s lien against the land he had bought is one of the recognized heads of the equity jurisprudence, and is not attainable in a simple action at law for damages, and lienee there is a prerogative jurisdiction in equity for this relief, and -a court of equity having- once acquired jurisdiction will retain it to do complete justice.
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Appeal from Audrain Circuit Court. — No». Jas. D. Barnett^ Judge. (1) The enforcement of plaintiff’s lien against the land he had bought is one of the recognized heads of the equity jurisprudence, and is not attainable in a simple action at law for damages, and lienee there is a prerogative jurisdiction in equity for this relief, and -a court of equity having- once acquired jurisdiction will retain it to do complete justice. McGhee v. Bell, 170 Mo. 135; Holland v. Anderson, 38 M'o. 55; Real Estate Sav. Inst. v. Oollonius, 63 Mo. 290; Lanyon v. Chesney, 186 Mo. 556. (2) If the right asserted…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — The minutes of the judge on his docket, or endorsed on the wrapper or files, are no part of the record proper and can only be considered if made into the record by the bill of exceptions. The whole judgment, however, is before us, and it substantially sets out the finding.
The learned counsel for appellant, in a very elaborate brief and argument, as well as in the amended petition in the case, have invoked the provisions of section 3118, Revised Statutes 1899, in support of the effect, as constructive notice, of the record of the con*435tract between appellant and Mrs.…
2Cases cited2 opinions
- Magwire v. TylerSupreme Court of Missouri · 1870
- Williams v. ButterfieldSupreme Court of Missouri · 1904
3Cited by4 opinions
- Hillblom v. IvancsitsAppellate Court of Illinois · 1979
- Hatcher v. HallMissouri Court of Appeals · 1956
- Russell v. CaseboltSupreme Court of Missouri · 1964
- Modern Woodmen of America v. CumminsMissouri Court of Appeals · 1924