Clark v. Jacobs
New York Supreme Court
Demurrer to complaint, the grounds of demurrer assigned, being that the complaint does not state facts sufficient to constitute a cause of action. The demurrants are the defendants The Mutual Life Insurance Company and William II. Leup.
1Opinion of the CourtVan Vorst, J.
A lien in favor of the vendor, for the purchase-money, where the title to the land had passed to the vendee, is well recognized by numerous cases.
A lien in favor of the vendee, when the purchase-money, *521or a part of it, has been prematurely paid before a conveyance, is not so well supported by authority in this state. But sufficient has been decided to recognize and declare the existence of such lien.
In Chase agt. Peck (21 N. Y., 589) Denio, J., denominates this lien as an equitable mortgage. He says: “ It will be allowed in favor of a vendor for unpaid purchase-money, or of a purchaser, who…
2Cases cited8 opinions
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Betts v. BettsNew York Supreme Court · 1878
- Crist v. ArmourNew York Supreme Court · 1861
- Case v. . CarrollNew York Court of Appeals · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
- Richeimer v. FischbeinNew Jersey Court of Chancery · 1930
- Toole v. TooleNew York Court of Appeals · 1889