Elk Horn Bank & Trust Co. v. Spraggins

Hart, C. J.,

(after stating the facts). It is well settled in this State that a vendor of land who has parted with the legal title has in equity a lien for the purchase money against the vendee and his privies, including subsequent purchasers with notice. The deed of plaintiff to S. W. Hearn which retains the reservation of the lien was not placed on record, but the bank and subsequent purchasers from S. W. Hearn were charged with notice of all recitals in the title deeds of their vendor whether they were of record or not. No principle of law is better established in this State than this, that…