Winborne v. . Guy

Does the agreement between the parties create an equitable lien upon the real property therein described ? If so, plaintiff’s remedy is by an action to foreclose.

There is more than one method of creating an equitable lien. Here, however, we are interested only in the law relating to the creation of such liens by written contract. Therefore, we may confine ourselves to that particular phase of the subject.

An equitable lien is not an estate or property in the thing itself, nor a right to recover the thing; that is, a right which may be the basis of a possessory action. It is neither a jus ad…