Garson v. Green
New York Court of Chancery
THE bill stated that the plaintiff sold to James Green, now deceased, intestate, in his lifetime, the one undivided third part of a house and lot of ground, of which the intestate was seised of two undivided third parts, in fee; and for which he was to pay the plaintiff 700 dollars, 200 dollars in cash, and the residue in 55 days, for which he was to give his promissory note; that on the 2d of December, 1807, the plaintiff executed and delivered a deed to the intestate, for…
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THE bill stated that the plaintiff sold to James Green, now deceased, intestate, in his lifetime, the one undivided third part of a house and lot of ground, of which the intestate was seised of two undivided third parts, in fee; and for which he was to pay the plaintiff 700 dollars, 200 dollars in cash, and the residue in 55 days, for which he was to give his promissory note; that on the 2d of December, 1807, the plaintiff executed and delivered a deed to the intestate, for the plaintiff’s undivided third of the premises, and the intestate paid him the 200 dollars, and gave him a promissory…
1Opinion of the Court
The Chancellor.
It is very evident from the proof, that, the note was given in part payment of the consideration for the sale, by the plaintiff, of his undivided third part of the house and lot mentioned in the pleadings; and there is no evidence that the vendor did not mean to trust to the estate sold, as a pledge for his money. It is a well-settled rule, (6 Ves. 483. 759, 760. 1 Schoale & Lefroy, 132. 1 Bro. 420. Sugden, ch. 12. p. 352.,) that the vendor has a lien on the estate for the purchase money, while the estate is in the hands of the vendee, and when there is no contract that the…
2Cited by26 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- Baker v. ComptonTexas Supreme Court · 1879
- Kirkwood v. HoxieMichigan Supreme Court · 1893
- Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
- Brown v. GilmanSupreme Court of the United States · 1819
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