Dixon v. Dixon
High Court of Chancery of Maryland
[This cause was brought to a hearing, and argued on exceptions to the Auditor’s report, the main point at issue being whether the assignee of a bond given for the purchase money of land conveyed by the vendor to the vendee, can claim the benefit of the equitable lien of the vendor, without any express agreement for the transfer of such lien, to the prejudice of the creditors of the vendee.
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[This cause was brought to a hearing, and argued on exceptions to the Auditor’s report, the main point at issue being whether the assignee of a bond given for the purchase money of land conveyed by the vendor to the vendee, can claim the benefit of the equitable lien of the vendor, without any express agreement for the transfer of such lien, to the prejudice of the creditors of the vendee. On the 25th of August, 1841, Noah Dixon, executed two single bills to John W. Martin, to secure the payment of the purchase money of land sold by Martin to said Dixon, which were by said Martin assigned to…
1Opinion of the Court
The Chancellor:
But in this case the claims have been assigned, and it is insisted that the equitable lien of the vendor passed to the assignee by virtue of the assignment. .
No case has been, or as it is believed can be, found, establishing this proposition to the extent contended for here, and the opinion of the late Chancellor was directly against it. Iglehart vs. Armiger, 1 Bland, 519.
[After alluding to the case of Schnebly and Lewis vs. Ragan, 7 G & J., 120, in which the Court of .Appeals of this state in reviewing the opinion of the court in 1 Ohio Rep., 318, deciding that the vendor’s…
2Cases cited4 opinions
- Hollingsworth's Adm'x. v. FloydCourt of Appeals of Maryland · 1827
- White v. WilliamsNew York Court of Chancery · 1829
- Ghiselin & Worthington v. FergussonCourt of Appeals of Maryland · 1819
- Boyer v. Turner's Adm'rCourt of Appeals of Maryland · 1812
3Cited by2 opinions
- Eastern Air Lines, Inc. v. Phoenix Savings & Loan Ass'nCourt of Appeals of Maryland · 1965
- Eastern Air Lines, Inc. v. Phoenix Savings & Loan Ass'nCourt of Appeals of Maryland · 1965