69 Mo. 669 | Mo. | 1879
In August, 1860, Francis M. Wooldridge bought of Jane Chambers a tract of land of fifty acres, executed his 'note to her. lor the purchase price, $1,000, receiving in return a title-bond. Some years after-wards, Jane Chambers died, and Wm. D. Wooldridge administered upon her estate. The note and interest then amounted to $1,444.84. Francis M. Wooldridge had a claim allowed against the estate of Jane Chambers for $746.56. . lie then, being desirous of securing the legal title of the land bought, entered into an arrangement with Wm. D. Wooldridge, whereby the latter surrendered to Francis M. Wooldridge his note for the land, receiving in
Mr. Boyd, who drew the papers and conducted the business before mentioned, between the administrator of Jane Chambers and her vendee, states that in the interview between them, “Both parties admitted that the note due from Francis M. Wooldridge was given for a tract of land sold by Jane Chambers to Francis M. Wooldridge; that a lien was to be held on the land until the purchase money was paid.” Mr. Boyd further states, that he had “ an indistinct recollection that at the time of the transaction it was understood that Francis M. Wooldridge was to give a deed of trust on the land to secure the note.” Francis M. Wooldridge died leaving a wife and children; the land he bought being the only assets of the estate. Wm. D. Wooldridge had his note allowed against the estate of Francis M. Wooldridge, and now institutes this proceeding in equity to be subrogated to the rights of Jane Chambers as vendor of the land, and have a' judgment enforcing his lien against the land, and claiming that if not so entitled, yet having paid the sum of $698.28, he is entitled to have those who claim under F. M. Wooldridge declared trustees, and to have the land sold for the payment of such portion of the purchase money as he had paid for the vendee. The court below holding that there was no equity in the petition, dismissed it, hence this appeal.
.We áre clear that plaintiff was not entitled to have a lien as a vendor of the land, declared in his favor, either through subrogation or otherwise. The purchase money
Affirmed.