Gouldin v. Buckelew
California Supreme Court
Appeal from the Superior Court of the City of San Fran-' ciseo. In this ease, the plaintiff, John C. Gouldin, filed his complaint in the said Court, on the 30th day of June, 1853, against Benjamin B. Buckelew, Junius B. Booth, [108] vendee of said *Buckelew, John H. Oraigmiles and others, judgment creditors of the said Buckelew, alleging that, on the 2d day of August, 1850, he purchased of the defendant Buckelew, a lot of ground in the City of San Francisco, for the sum of…
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Appeal from the Superior Court of the City of San Fran-' ciseo. In this ease, the plaintiff, John C. Gouldin, filed his complaint in the said Court, on the 30th day of June, 1853, against Benjamin B. Buckelew, Junius B. Booth, [108] vendee of said *Buckelew, John H. Oraigmiles and others, judgment creditors of the said Buckelew, alleging that, on the 2d day of August, 1850, he purchased of the defendant Buckelew, a lot of ground in the City of San Francisco, for the sum of $200, paid him $52 50 cash on account, and at the same time, executed to him his three several notes in the same amount,…
1Opinion of the CourtJustice Heydeneeldt
Mr. Ch. J. Murray concurred.
This case may be determined by a simple solution of the question — What was the vendor’s relation to the land after his sale? According to sound principles of equity, sustained by a long current of decisions, he was the vendor with an equitable lien upon the land for the purchase money, and holding the legal title as a security for the enforcement of his lien. (See the case of Haley v. Bennett, 5 Port. 469, where the question is fully examined; also, Chapman v. Chunn, 5 Ala, 397.)
The vendor in this case had severrl remedies: He might have recovered possession of…
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