Maroney v. . Boyle
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22,1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing the complaint. This action was brought to enforce the equitable lien of the plaintiffs for the purchase money of land conveyed by them to the defendant Margaret Boyle.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22,1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing the complaint. This action was brought to enforce the equitable lien of the plaintiffs for the purchase money of land conveyed by them to the defendant Margaret Boyle. The facts found at the Special Term are substantially as follows: That on the 20tli day of August, 1887, the plaintiffs were the owners of the land described in the…
1Opinion of the CourtEarl, J.
When Edward D. Boyle took his deed he had notice of the plaintiffs’ claim for unpaid purchase money, and, therefore, he did not acquire a better position than his grantor had. We think there can be no doubt that, as against him and his grantor, the plaintiffs had and retained their equitable lien. They took the promissory note of their grantee for the balance of the purchase money. It was not taken as payment, but simply as evidence of the amount due and the time and mode of payment. It has been many times held that the grantor does not waive his equitable lien for the purchase money by…
2Cases cited3 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Hulett v. WhippleNew York Supreme Court · 1870
3Cited by21 opinions
- Flickinger v. . GlassNew York Court of Appeals · 1918
- Hubbell v. . HenricksonNew York Court of Appeals · 1903
- In re Oswegatchie Chemical Products Corp.Court of Appeals for the Second Circuit · 1922
- Frank v. Berlin (In Re Frank)United States Bankruptcy Court, E.D. New York · 1984
- Gamble v. Cornell Oil Co.Court of Appeals for the Tenth Circuit · 1958
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