Auburn v. Settle
New York Supreme Court
Appeal from a judgment at special term dismissing the complaint. The action was brought by Isaac S. Auburn against Ezra J. Settle, Julia E. Settle, Elizur Little, John P. Heir and John H. Goats, to enforce a vendee’s lien. The facts are these: Prior to March 16,1873, the plaintiff was seized in fee simple of a farm, and the defendant Ezra J. Settle was owner of a hotel and real estate connected therewith.
Read the full summary
Appeal from a judgment at special term dismissing the complaint. The action was brought by Isaac S. Auburn against Ezra J. Settle, Julia E. Settle, Elizur Little, John P. Heir and John H. Goats, to enforce a vendee’s lien. The facts are these: Prior to March 16,1873, the plaintiff was seized in fee simple of a farm, and the defendant Ezra J. Settle was owner of a hotel and real estate connected therewith. The hotel property was incumbered with four mortgages, two for purchase-money, amounting together to $6,000, another executed by said Settle to defendant Elizur Little, for $3,036, and the…
1Opinion of the CourtE. Darwin Smith, J.
The learned judge who tried this cause without a jury erred, I think, in dismissing the complaint. It is an old and well-settled doctrine of the courts of equity, that when the vendor of land conveys the estate and delivers possession without receiving the purchase-money, he retains a lien upon the land for the unpaid purchase-money. 2 Sugden on Vendors (14th ed.), 671; 2 Story’s Eq. Juris. (11th ed.), §§ 1217, 1218, 1219-1224; 4 Kent’s Com. 152. .
The lien of the vendor remains until payment of the consideration for the land, not only as between vendor and vendee, but as against voluntary…
2Cases cited2 opinions
- Hare v. Van DeusenNew York Supreme Court · 1860
- Carrico v. Farmers & Merchants' National BankCourt of Appeals of Maryland · 1870