Porter v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Court. Petition in equity for tbe enforcement of a vendor’s lien. Cause tried by tbe second method.
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Appeal from Dubuque District Court. Petition in equity for tbe enforcement of a vendor’s lien. Cause tried by tbe second method. Pacts found by tbe court as follows: 1. On tbe 14th of October, 1856, tbe city of Dubuque purchased of Ebenezer Miller, who was then tbe owner of the same, in consideration of $10,000, the north two-fifths of lot No. 448 in the city of Dubuque; and paid thereon $2,000, and on the same day entered into a written contract with Ebenezer Miller and Deborah, his wife, for a deed of said premises, on the payment of the balance of $8,000, with interest, in two years,…
1Opinion of the CourtCole, J.
i. vendor dee: lien. The right to a lien in favor of a vendor upon the real estate sold to a vendee is not based upon contract; nor is it properly an equitable mortgage; neither can ^ be regarded as a trust resulting to the vendor by reason of the vendee holding the estate with the purchase-money unpaid. It is a simple equity raised and administered by courts of chancery. It is not measured by any fixed rules, nor does it depend upon any particular fact or facts. Each case rests upon its own peculiar circumstances, and the vendor’s lien is given or denied according to its rightfulness and…
2Cases cited1 opinion
- Pierson v. DavidSupreme Court of Iowa · 1855
3Cited by11 opinions
- Fisher v. ShropshireSupreme Court of the United States · 1893
- Larned v. City of DubuqueSupreme Court of Iowa · 1892
- Johnson v. McGrewSupreme Court of Iowa · 1876
- Jordan v. WimerSupreme Court of Iowa · 1876
- Allen v. LoringSupreme Court of Iowa · 1872
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