Lewis v. Hawkins
Supreme Court of the United States
The case was thus: A statute of limitation in Arkansas, passed January 4th, 1851,* enacts that no suit at law or in equity for the recovery of real estate shall be brought after the lapse of seven years from the time when the cause of action accrued.
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The case was thus: A statute of limitation in Arkansas, passed January 4th, 1851,* enacts that no suit at law or in equity for the recovery of real estate shall be brought after the lapse of seven years from the time when the cause of action accrued. This statute being in force, Lewis, in November, 1853, agreed to sell to Hawkins certain real estate; Hawkins, for the consideration-money giving to Lewis his two promissory notes, each for the sum of $500, payable, one on the 1st of February, 1855, and tbe other on the 1st of February, 1856, and Lewis at the same time giving to Hawkins his bond…
1Opinion of the CourtJustice Swayne
delivered the opiniou of the court.
Upon the execution of the notes and the title-bond between Lewis and Hawkins, Lewis held the legal title as trustee for Hawkins; and Hawkins was a trustee for Lewis as to the purchase-money. Hawkins was cestui que trust as to the former and Lewis as to the latter. * †‡. The seller under such circumstances has a vendor’s lien, which is certainly not impaired by withholding the conveyance. The equitable estate of the vendee is alienable, descendible, and devisable in like manner as real estate held by a legal title. The securities for the purchase-money are…
2Cases cited2 opinions
- Whiteside v. JacksonNew York Supreme Court · 1828
- Anstice v. BrownNew York Court of Chancery · 1837
3Cited by69 opinions
- Skendzel v. MarshallIndiana Supreme Court · 1973
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Hardin v. BoydSupreme Court of the United States · 1885
- New Orleans v. WarnerSupreme Court of the United States · 1899
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
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