88 Mo. App. 621 | Mo. Ct. App. | 1901
Plaintiff’s case, to have a lien declared, is strong. The effect of the agreement in reference to the foreclosure sale was that Adams was to get the land and protect Simily on the note they owed to Andrew Broedlow, and also the one they were sureties on for Earnest Broedlow. Adams paid the latter in full, the other only partially. His bid was $1,450, actually or approximately the amount of the two. He was excused from paying any part of the bid in cash to the trustee on account of his agreeing to take care of those debts. Simily owned half of the deed of trust note and was entitled to half the proceeds of foreclosure to the amount of it. The discharge of the notes for which they were both liable, was substituted in lieu of the cash, as the consideration which Adams-
Tbe homestead estate of Adams’s widow and children is subordinate to tbe charge against tbe land for tbe money wbicb be was to pay for it. Bennett v. Shipley, supra.
When tbe purchase money, or a portion of it, is payable to a third person, such person is held to have a lien. Francis v. Wells, 2 Colo. 660. When tbe purchaser of land assumes as part or all of the price, a debt wbicb bis vendor owes to a third person, this debt continues to be a charge on tbe land and may be enforced by tbe promisee for bis own benefit. Woodall v. Kelly, 85 Ala. 368; 7 Am. St. Rep. 57; Whetsell v. Roberts, 31 Ohio St. 503; Mitchel v. Butt, 45 Ga. 162; DeLisle v. Moss, 34 La. Ann. 164; Tysen v. Perkins, 59 Texas 300. It was held in Edmondson v. Phillips, supra, where tbe sheriff bad sold tbe land under a partition decree, that the heirs might enforce tbe lien for the purchase money. In Pratt v. Clark the vendors bad agreed with tbe vendee to relieve tbe property of an incumbrance, wbicb they failed to do, and tbe plaintiff was given a charge in the nature of a vendor’s lien against the property be bad conveyed to tbe defendants in exchange for tbe