Williams v. Roberts
Ohio Supreme Court
This was a suit in chancery, reserved from the county of Greene. The bill sets forth, in substance, that Williams, in September,. 1817, sold and conveyed, by deed of bargain and sale', to one David Connelly, two hundred and sixty-nine acres of land, in the county of Greene, for three thousand five hundred and ninety-six dollars, sixty-six and two-third cents.
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This was a suit in chancery, reserved from the county of Greene. The bill sets forth, in substance, that Williams, in September,. 1817, sold and conveyed, by deed of bargain and sale', to one David Connelly, two hundred and sixty-nine acres of land, in the county of Greene, for three thousand five hundred and ninety-six dollars, sixty-six and two-third cents. The purchase money was all paid with the exception of one thousand and eight hundred dollars,, which was to be paid in six annual installments of three hundred, dollars each. To secure the'payment of these installments, six several…
1Opinion of the Court
Opinion of the court, by
Judge Hitchcock:
The principle that the vendor has a lien upon the land sold for the purchase money, while the same remains in the possession of the vendee, or his assignee with notice, is too well established to be controverted, and it is useless to cite authorities in its support. It is founded on abstract justice.
Where the vendor relies upon the land sold, as the fund from: *33which he shall recover his compensation, he ought not to be deprived of it. Natural equity would seem to require that before the vendee shall claim the land as his own, absolutely discharged of'…
2Cases cited3 opinions
- In re ClohertyWashington Supreme Court · 1891
- Garson v. GreenNew York Court of Chancery · 1814
- Cox v. FenwickCourt of Appeals of Kentucky · 1813
3Cited by2 opinions
- Roberts v. KaufmanOhio Court of Appeals · 1927
- Stafford v. Van RensselaerCourt for the Trial of Impeachments and Correction of Errors · 1827