Plett v. Willson
New York Supreme Court
Appeal from special term, Oneida county. Action commenced January 8, 1887, by Maurice Plett against Fowler Willson, Jr., and the administratrix of Fowler Willson, Sr., deceased, to foreclose an unsealed contract for the sale of land by plaintiff to the Willsons in 1870. The land was to be paid for in annual installments, with interest, the last payment falling due April 1, 1880, on which date plaintiff was to execute a warranty deed.
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Appeal from special term, Oneida county. Action commenced January 8, 1887, by Maurice Plett against Fowler Willson, Jr., and the administratrix of Fowler Willson, Sr., deceased, to foreclose an unsealed contract for the sale of land by plaintiff to the Willsons in 1870. The land was to be paid for in annual installments, with interest, the last payment falling due April 1, 1880, on which date plaintiff was to execute a warranty deed. The vendees entered into immediate possession until 1875, when Fowler Willson, Jr., assigned his interest to Fowler Willson, Sr. The latter died in 1877, and his…
1Per curiam
Under the contract the vendees became the owners of the land, and trustees for the payment of the contract price; and the vendor became the owner "of the purchase price, retaining the legal title as trustee for the vendees, and as security for the payment of the purchase price. Sanders v. Aldrich, 25 Barb. 63; 2 Story, Eq. Jur. § 789; Pom. Eq. Jur. §§ 372, 1161; Thomson v. Smith, 63 N. Y. 303. This interest of the vendor is frequently called the “vendor’s lien;” but it is more, as he holds the legal title, of which he cannot be divested by the vendee until the purchase price is paid, unless…
2Cases cited7 opinions
- Hardin v. BoydSupreme Court of the United States · 1885
- Lewis v. HawkinsSupreme Court of the United States · 1875
- Borst v. . CoreyNew York Court of Appeals · 1857
- Heyer v. PruynNew York Court of Chancery · 1839
- Belknap v. GleasonSupreme Court of Connecticut · 1836
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