Green v. Cummins
Court of Appeals of Kentucky
Case 6 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Where a vendor’s lien is retained in a deed to secure the payment of an assigned note, recited as a part of the unpaid purchase-money, the lien may be enforced against the property, although recourse against the purchaser or assignor of the note may have been lost. Purchaser of real property is trustee of the premises for the vendor until the purchase-money is paid.
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Case 6 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Where a vendor’s lien is retained in a deed to secure the payment of an assigned note, recited as a part of the unpaid purchase-money, the lien may be enforced against the property, although recourse against the purchaser or assignor of the note may have been lost. Purchaser of real property is trustee of the premises for the vendor until the purchase-money is paid. (Wash, on Real Prop., chap. 16, secs. 6-7; Clark V. Hunt, 3 J. J. Mar. 557; Blackburn v. Grigson, 1 Cox, 90; S. C. 1 Brown C. C. 420.) 2. Vendor’s lien is retained…
1Opinion of the Court
CHIEF, JUSTICE PRYOR
delivered the opinion on the court.
The appelleee Cummins being the owner of a lot situated on Second Street, in the city of Louisville, sold and conveyed it to. one L. B. Redd for the sum of $7,000, for which he took his three notes, payable in one, two, and three years, retaining a lien in the deed to secure the payment. Subsequently he purchased of the appellant Green a house and lot on the cor*176ner of Third and Chestnut streets for $30,000, and, as a part of the unpaid purchase-money, assigned to Green the notes on Redd. Green made to the appellee a deed to this lot, and…
2Cases cited1 opinion
- Pack v. CarderCourt of Appeals of Kentucky · 1868
3Cited by2 opinions
- Sanford v. LowenthalCourt of Appeals of Kentucky · 1880
- McGrath v. KirklandCourt of Appeals of Kentucky · 1878