Bancroft v. Cosby
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This is an action to enforce a vendor’s lien for the sum of fifty dollars and interest.
The vendor, after conveying the land to the vendee, and receiving the latter’s promissory note for the balance due, indorsed and delivered the note to a third person. The note, not having been paid, “ came back to the plaintiff’s possession as his own.” The question is whether a vendor’s lien exists.
In many of the states, and in California, it is held that the lien is a personal privilege of the vendor, and is not assignable. (Baum v. Grigsby, 21 Cal. 172; 81 Am. Dec. 153; Williams v. Young, 21…
2Cases cited9 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Shall v. BiscoeSupreme Court of Arkansas · 1856
- Baum v. GrigsbyCalifornia Supreme Court · 1862
- Hallock v. SmithNew York Supreme Court · 1848
- Preston & Co. v. EllingtonSupreme Court of Alabama · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nolan v. NolanCalifornia Supreme Court · 1909