Edminster v. Higgins
Nebraska Supreme Court
Error from the district court of Nemaha county. The petition of the plaintiff in the court below, Higgins, states that on January 1, 1871, he sold and absolutely conveyed with full warranties, the premises described in the petition to "William Adams, and took two promissory notes for the unpaid purchase money. That on April 17,1873, said William Adams died, leaving the defendants, except Edminster, his heirs, and that said Edminster was duly appointed administrator.
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Error from the district court of Nemaha county. The petition of the plaintiff in the court below, Higgins, states that on January 1, 1871, he sold and absolutely conveyed with full warranties, the premises described in the petition to "William Adams, and took two promissory notes for the unpaid purchase money. That on April 17,1873, said William Adams died, leaving the defendants, except Edminster, his heirs, and that said Edminster was duly appointed administrator. That no proceedings had ever been had to collect the notes, and prays a vendor’s lien and sale of the premises. Defendants…
1Opinion of the CourtMaxwell, J.
The doctrine of a vendor’s lien appears, to have had its origin in the civil law, from which it was borrowed and became a part of the equity jurisprudence of England. Mackreth v. Symons, 15 Vesey, 327. By the *267civil law the vendor of property sold had a privilege, or right of priority of payment, in the nature of a lien on the property for the price for which it was sold, not only' against the vendee and his representatives, but against his creditors, and also against subsequent purchasers from him. For although the title and dominion to the thing sold passed, yet there was an implied…
2Cited by12 opinions
- Smith v. AllenWashington Supreme Court · 1897
- Bloomfield State Bank v. MillerNebraska Supreme Court · 1898
- Gillilan v. Kendall & SmithNebraska Supreme Court · 1889
- Kosters v. HooverCourt of Appeals for the D.C. Circuit · 1938
- Ehret v. PriceSupreme Court of Oklahoma · 1927
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