Hare v. Van Deusen
New York Supreme Court
DEMURRER to complaint. The complaint alleged that about the 1st of May, 1858, the plaintiff sold and conveyed to the defendant Catharine Yan Deusen a farm of land, in Livingston, Columbia county, subject to two mortgages thereon, for the price or consideration of #1471.43. That in exchange and payment therefor, the defendants, Yan Deusen and wife, sold and conveyed to the plaintiff a farm of land in Taghkanic, subject to a $4000 mortgage thereon, which the plaintiff assumed…
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DEMURRER to complaint. The complaint alleged that about the 1st of May, 1858, the plaintiff sold and conveyed to the defendant Catharine Yan Deusen a farm of land, in Livingston, Columbia county, subject to two mortgages thereon, for the price or consideration of #1471.43. That in exchange and payment therefor, the defendants, Yan Deusen and wife, sold and conveyed to the plaintiff a farm of land in Taghkanic, subject to a $4000 mortgage thereon, which the plaintiff assumed to pay, for the price or sum of $2000. That the plaintiff paid to the defendant Van Deusen $528.57, being the difference…
1Opinion of the CourtHogeboom, J.
A vendor of lands has an equitable lien for the unpaid purchase money. This lien grows out of the transaction itself, and is implied by law in order properly to adjust the equities between the parties. It is not precisely founded upon contract—at least not upon express contract; for it exists although the parties may not have contracted for it, ánd may even have been unaware of its existence. It is aided by the law, in the absence of an express agreement, because it is deemed equitable that the vendee should not take a perfect and absolute—an unincumbered—title to the property, until he pays…
2Cases cited3 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- McKillip v. McKillipNew York Supreme Court · 1850
- Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
3Cited by11 opinions
- Mills v. . BlissNew York Court of Appeals · 1873
- Hubbell v. . HenricksonNew York Court of Appeals · 1903
- Walrath v. AbbottNew York Supreme Court · 1894
- Camp v. GiffordNew York Supreme Court · 1874
- Fisk v. PotterNew York Court of Appeals · 1865
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