Hallock v. Smith
New York Supreme Court
IN Equity. The plaintiffs in this suit were sureties for one Jonathan W. Huntting, for the payment of a sealed note dated 13th September, 1834, on which there was due about eight hundred dollars, and part of which they had paid.
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IN Equity. The plaintiffs in this suit were sureties for one Jonathan W. Huntting, for the payment of a sealed note dated 13th September, 1834, on which there was due about eight hundred dollars, and part of which they had paid. The bill Was filed to compel the defendant Reuben Smith, jr. the as-signee of Huntting, to acdount for property assigned to him by the latter, on the Hth of April, 1837, to pay the debts of Hunt-ting, including this debt, and particularly to compel the collection of a note for $510,40,' given by the defendant Mortimer S. Brown to Huntting on the purchase of cértáin…
1Opinion of the CourtStrong, J.
That the vendor of real estate has ordinarily an equitable lien upon the land sold, for the unpaid and unsecured purchase money, is well settled. The principle is founded upon the presumed intention of the parties, .although it often' happens that they know nothing about the rule, and of course did not contemplate the security at the time of the sale. The general presumption based upon equitable considerations is sufficient to establish the lien’, although it hangs by a slender thread which is easily broken. In this case, a note was given' by the purchaser some time after the sale, and about…
2Cited by8 opinions
- Zeiser v. . CohnNew York Court of Appeals · 1913
- Warren v. FennNew York Supreme Court · 1858
- Perkins v. GibsonMississippi Supreme Court · 1875
- Walrath v. AbbottNew York Supreme Court · 1894
- Carlton v. BucknerSupreme Court of Arkansas · 1872
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