Richards v. Leamimg
Illinois Supreme Court
This was a suit in chancery, brought in the Scott Circuit Court, and based upon the following facts as set out in the bill: Holloway W. Vansyckle sold to Peter Learning two tracts of land, and took from him, Learning, several notes of hand payable at a future day. The title to one of the tracts was in Murray McConnel, and the title to the other was in said McConnel and David A. Smith, but all in trust for Vansyckle.
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This was a suit in chancery, brought in the Scott Circuit Court, and based upon the following facts as set out in the bill: Holloway W. Vansyckle sold to Peter Learning two tracts of land, and took from him, Learning, several notes of hand payable at a future day. The title to one of the tracts was in Murray McConnel, and the title to the other was in said McConnel and David A. Smith, but all in trust for Vansyckle. McConnel, at the request of Vansyckle, conveyed one of the tracts to said Learning, and McConnel and Smith joined in a deed to Vansyckle for the other tract. While the title was…
1Opinion of the CourtCaton, C. J.
The question in this case is, whether the vendor’s lien for the purchase money of land, passes to the assignee of the note given for the purchase money, by the simple assignment of the note, so that the assignee of the note can enforce it in his own name and for his own benefit.
The vendor’s lien arises from principles of equity alone, and finds no foundation or support in the principles of the common law, or our statute. Courts of equity have created this lien independent of any express contract, upon the mere supposition of the intention of the parties, and whenever from any circumstance,…
2Cases cited2 opinions
- In re ArnhoutNew York Court of Chancery · 1829
- Trustees of Schools v. WrightIllinois Supreme Court · 1850
3Cited by14 opinions
- Kirkham v. BostonIllinois Supreme Court · 1873
- Wright v. TroutmanIllinois Supreme Court · 1876
- Elder v. JonesIllinois Supreme Court · 1877
- Wing v. GoodmanIllinois Supreme Court · 1874
- Keith v. HornerIllinois Supreme Court · 1863
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