Batten v. Hope Natural Gas Co.

PoeeeNbaRgeR, Judge,

(concurring) :

Our statutory vendor’s lien is not a reservation of title. It is *484just a specific lien upon the land. Like a mortgage, it binds particular land to the payment oí a debt, but likeness in some respects is all that can be asserted. At the point of title, the resemblance fails. A mortgagee holds the legal title with right of possession on default of payment. A vendor does not. Both legal title and right of possession are in the vendee after default as well as before. Hence the possession of his tenant is rightful, but subject to loss by sale of the property in the…