Scott v. Orbison
Supreme Court of Arkansas
Appeal jrom Clark Circuit Court in Equity. Hon. Abner A. Stitii, Circuit Judge. The doctrine that the vendor of real estate has a lien upon it for the purchase money, is too well established in the equity courts, both in England and in this country, to admit of contradiction. And the principle, says Chancellor Kent, is founded in natural equity, and seems to be inherent in the English jurisprudence.
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Appeal jrom Clark Circuit Court in Equity. Hon. Abner A. Stitii, Circuit Judge. The doctrine that the vendor of real estate has a lien upon it for the purchase money, is too well established in the equity courts, both in England and in this country, to admit of contradiction. And the principle, says Chancellor Kent, is founded in natural equity, and seems to be inherent in the English jurisprudence. And Chancellor Walworth, in Fish vs. Howland, 1 st Paige 23, said, that in England, and he believed in every State in the Union, which has a court of chancery to give effect to such lien, it is…
1Opinion of the CourtJustice Compton
The original bill was filed by James D. Scott, against William C. Orbison, Henry K. Hardy and Robert H. McCargo, to enforce a vendor’s equitable lien upon a tract of land.
The material allegations of the bill are, that Scott sold the land to Orbison on time, took his obligation for the purchase money, and executed to him an absolute deed, acknowledging the receipt of the purchase money. That Orbison sold and conveyed the land to Hardy, and Hardy sold and conveyed it to Robert McCargo — both of whom had full notice that the purchase money was unpaid, and that Scott claimed an equitable lien…
2Cases cited1 opinion
- Shall v. BiscoeSupreme Court of Arkansas · 1856
3Cited by6 opinions
- Neff v. ElderSupreme Court of Arkansas · 1907
- Merchants' & Planters' Bank v. Citizens' BankSupreme Court of Arkansas · 1927
- Ferguson v. GuydonSupreme Court of Arkansas · 1921
- Lay v. GainesSupreme Court of Arkansas · 1917
- Miller v. MattisonSupreme Court of Arkansas · 1912
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