Baum v. Grigsby
California Supreme Court
Appeal from the Seventh Judicial District. One R. M. Hill sold and by a deed, absolute in form, conveyed to the defendant a tract of land in Hapa County, and in part payment of the purchase money, defendant executed to Hill his negotiable promissory note. Hill indorsed the note to plaintiff, who brought this action to recover the amount due upon it, and also to establish a vendor’s lien upon the premises, and to subject them to sale for the satisfaction of the debt.
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Appeal from the Seventh Judicial District. One R. M. Hill sold and by a deed, absolute in form, conveyed to the defendant a tract of land in Hapa County, and in part payment of the purchase money, defendant executed to Hill his negotiable promissory note. Hill indorsed the note to plaintiff, who brought this action to recover the amount due upon it, and also to establish a vendor’s lien upon the premises, and to subject them to sale for the satisfaction of the debt. The District Court gave judgment for the plaintiff, and directed a sale of the premises, and that the proceeds be applied to the…
1Opinion of the CourtField, C. J.
Norton, J. concurring.
The doctrine that a vendor of real property, after an absolute conveyance, retains an equitable lien for the unpaid purchase money, prevails in England and in nearly all the States of the Union. The difference of opinion in the numerous cases upon the subject in the Courts of this country relates principally to the character of the lien, and to the question whether it passes -with a transfer of the claim of the vendor for the purchase money. The hen, it is conceded, is not waived, in the absence of express agreement to that effect, by the fact that the vendor takes the…
2Cases cited1 opinion
- Sparks v. HessCalifornia Supreme Court · 1860
3Cited by16 opinions
- Avery v. ClarkCalifornia Supreme Court · 1891
- McKeown v. CollinsSupreme Court of Florida · 1896
- Estate of ReidCalifornia Court of Appeal · 1938
- Gessner v. PalmateerCalifornia Supreme Court · 1891
- Stevens v. ChadwickSupreme Court of Kansas · 1872
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