Young v. Figg

Ames, C.

This is an action in equity by a vendor in an executory contract for the sale of real estate to charge an unpaid *272residue of the purchase price as a lien upon the land and obtain a decree of foreclosure and sale for its satisfaction in like manner as in case of a mortgage. The making of the contract itself is put in issue, but the findings of the district court, upon what Ave think is sufficient evidence, establish its existence and the possession of the defendant under it.

It is first contended that the vendor was not at the time the contract AAras made, and is not noAV, the OAvner of…