Yancey v. Mauck
Supreme Court of Virginia
This was a bill filed in April 1857 in the Circuit court of Rockingham county, by Robert L. Yancey against R. C. Mauck, Allan C. Bryan and others, to subject an interest in a tract of land sold by Yancey to Mauck, to the payment of a debt which Yancey insisted was a lien upon the land. The facts, as they appear from the pleadings and proofs, are as follows: Some years prior to 1850 Leyton Yancey died, leaving a widow and four children.
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This was a bill filed in April 1857 in the Circuit court of Rockingham county, by Robert L. Yancey against R. C. Mauck, Allan C. Bryan and others, to subject an interest in a tract of land sold by Yancey to Mauck, to the payment of a debt which Yancey insisted was a lien upon the land. The facts, as they appear from the pleadings and proofs, are as follows: Some years prior to 1850 Leyton Yancey died, leaving a widow and four children. One tract of land was assigned to the widow for her dower; and of course the reversion was in the children. On the 20th of April 1850 Robert L. Yancey sold his…
1Opinion of the Court
Allen, P.
Before our statute, Code, ch. 119, § 1, p. 510, the law was well settled that the vendor of real estate, who had parted with the legal title, had a lien on the property for the purchase money, whilst it remained in the hands of the vendee, or volunteers claiming under him, or purchasers with notice. This right of the vendor to resort to the estate, constituted an implied equitable lien, the creature of a court of equity founded on the supposed intent of the parties, from which an implied contract was inferred. B ut the rule was not unbending. The circumstances might show there was no…
2Cases cited2 opinions
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- Evans v. JohnsonWest Virginia Supreme Court · 1894
- Stimpson v. BishopSupreme Court of Virginia · 1886
- Dunlap's Ex'rs v. ShanklinWest Virginia Supreme Court · 1877
- Wasserman v. MetzgerSupreme Court of Virginia · 1906
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