Jones v. Vantress

Ray, Oh. J.

Complaint upon a note, and averment that the consideration of the same was the purchase money of real estate, and asking to have the vendor’s lien declared. Binding by the court in favor of the plaintiff for the amount of the note, and refusal to admit the vendor’s lien. The evidence clearly shows that the plaintiff was entitled to have his lien enforced.

The agreement to receive a mortgage was no waiver of the lien until the mortgage was executed and delivered. Dubois v. Hull, 43 Barb. It was the duty of the court, however, when it «became apparent that the heirs were necessary…