Sparks v. Hess
California Supreme Court
Appeal from the Fourteenth District. In November, 1854, plaintiffs entered into a written contract with defendant Hess, the essential terms of which are, that plaintiffs “ do hereby agree to sell and convey unto the said - Hess a certain bridge located, situated and lying on the south fork of the Yuba river, etc., known as Sparks’ bridge, at, etc., across the south fork of said river, together with the toll-house, stables and out-houses of every description ; and also, the…
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Appeal from the Fourteenth District. In November, 1854, plaintiffs entered into a written contract with defendant Hess, the essential terms of which are, that plaintiffs “ do hereby agree to sell and convey unto the said - Hess a certain bridge located, situated and lying on the south fork of the Yuba river, etc., known as Sparks’ bridge, at, etc., across the south fork of said river, together with the toll-house, stables and out-houses of every description ; and also, the right and privilege of the said-Sparks in and to the dug road there made on each side of said bridge, together with all…
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
The doctrine that the vendor of real property, after an absolute conveyance, retains a lien for the unpaid purchase-money, is well established in England, and prevails, with some exceptions, in the several *193States of the Union. This lien is not, however, a specific and absolute charge upon the property, but a mere equitable right to resort to it upon failure of payment by the vendee. It is a right founded upon the natural justice of allowing the vendor to subject the property, with which he has parted, to the satisfaction of the debt which constitutes the…
2Cases cited6 opinions
- Clark v. HallNew York Court of Chancery · 1839
- Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
- Bradley v. BosleyNew York Court of Chancery · 1845
- Doane v. Broad Street Ass'nMassachusetts Supreme Judicial Court · 1810
- Galloway v. Hamilton's HeirsCourt of Appeals of Kentucky · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Branson v. StudabakerIndiana Supreme Court · 1892
- Kenniff v. CaulfieldCalifornia Supreme Court · 1903
- Bank of Lemoore v. FulghamCalifornia Supreme Court · 1907
- White v. SageCalifornia Supreme Court · 1906
- Mochel v. ClevelandIdaho Supreme Court · 1930
40 more not listed; retrieve them via the Exa API.