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eBook details

• Title: Bayley v. Greenleaf and Others
• Author : United States Supreme Court
• Release Date : January 18, 1822
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Feb. 11th. Mr. Law and Mr. Key, for the appellants, insisted that they had an equitable, subsisting, unwaived lien upon the land sold to the defendant, Greenleaf, for the amount of the purchase money. The law on the subject has been settled by a long and uniform current of decisions. The lien exists between vendor and vendee, and against subsequent purchasers from the vendee with notice that the money remains unpaid, unless the parties, by some unequivocal act, waive the lien.1 a It may also be asserted against purchasers, coming in by act of law, as assignees of a bankrupt, and against creditors claiming under a conveyance for their benefit: they are considered as volunteers.2 b Nor has the lien, in this case, been waived. Taking a covenant, bond, or note, is no waiver of the lien, if taken as a mode of payment, and not as a distinct security.3 c Mr. Jones, contra, contended, that under the circumstances of the present case, the lien could not be asserted against creditors taking a bona fide conveyance from the vendee. This is not a case where the party comes in by operation of law. A creditor, who takes a conveyance for the security of his debt, stands in equal equity with one who pays his money, and is equally a purchaser. The dictum of Sugden on this subject is not supported by the adjudged cases in England, or in this country. Besides, the alleged debt due from Greenleaf to Bailey never attached any equitable lien to the land; Worman, and not Bailey, standing in the relation of vendor, and the true vendor being satisfied with the purchase money.

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