Hunt v. Waterman
California Supreme Court
Appeal from the Eleventh District, County of El Dorado. This was a bill filed in the Court below, for the enforcement of a vendor’s lien to a quartz lode.
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Appeal from the Eleventh District, County of El Dorado. This was a bill filed in the Court below, for the enforcement of a vendor’s lien to a quartz lode. The facts as disclosed by the opinion of the Court, are as follows : In this case the plaintiff seeks to enforce a vendor’s lien for the purchase money of a certain quartz vein sold by the plaintiff to the defendant, and charges that the other defendants are purchasers of the property from Waterman, with notice of this indebtedness. The bill shows that the plaintiff took a mortgage on this property for the payment of this purchase money,…
1Opinion of the CourtBaldwin, J.
The question in this case is directly presented, whether, in this *305State, a vendor’s lien exists when a mortgage security is taken for the purchase money. The decisions of the various Courts have been numerous on this branch of jurisprudence, and are not harmonious. The better rule, supported by the weight and number of the authorities, is to hold the silent lien of the vendor extinguished, whenever the vendor manifests an intention to abandon or not to look to it; and it is held that he does this whenever he takes other and independent security upon the same land, or a portion of the same…
2Cited by4 opinions
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- Tripp v. DuaneCalifornia Supreme Court · 1887