Markoe v. Andras
Illinois Supreme Court
Writ of Error to the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This was a bill in chancery, by defendant in error against plaintiffs in error, to enforce a lien reserved for the purchase money of land.
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Writ of Error to the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This was a bill in chancery, by defendant in error against plaintiffs in error, to enforce a lien reserved for the purchase money of land. It appeared that Joseph M. Tellis, one of the defendants, together with his wife, conveyed certain lands to Samuel Markoe for the consideration of $3600, of which sum $1100 was paid down, and a promissory note executed for the remaining $2500, payable in three years, with eight per cent interest till due, and ten per cent after due. The note recited that it “…
1Opinion of the CourtJustice Breese
This court has held, in conformity with the well recognized principle appertaining to that lien which arises by implication of law, in favor of the vendor of land, that such lien is personal, and not assignable or transferrable. If the note, given for the purchase money of land be transferred, it does not carry with it, to the assignee, the vendor’s lien so that the assignee can enforce it in his own name. Richards v. Learning, 27 Ill. 431. Such a lien is not assignable even by express language; it is personal, and can only be enforced by the vendor. Keith v. Horner, 32 ib. 524; McLaurie v.…
2Cases cited2 opinions
- Carpenter v. MitchellIllinois Supreme Court · 1870
- Richards v. LeamimgIllinois Supreme Court · 1862
3Cited by5 opinions
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- Farrand v. YatesAppellate Court of Illinois · 1928