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Eighth Circuit· 2/19/1906

Griffin v. Smith

Citations

  • 143 F. 865
  • 75 C.C.A. 73
  • 1906 U.S. App. LEXIS 3794

Syllabus

<p>Vendob and Purchaser—Vendor’s Lien—Waiver—Taking Other Security.</p> <p>The taking by a vendor of an independent security for the payment of the purchase price, such as a negotiable note of a third party, or a mortgage or pledge of other property, is prima facie evidence of a waiver of the lien upon the property he sells, and it casts upon him the burden of proving its subsequent existence.</p> <p>[Ed. Note.—For cases in point, see vol. 48, Cent Dig. Vendor and Purchaser, §§ 733-750.]</p> <p>(Syllabus by the Court.)</p>

Judges: Adams, Below, Hook, Sanborn, See

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