Carpenter v. Mitchell

Citations

• 54 Ill. 126

Syllabus

<p>1. Vendob’s lien—whether it passes to an assignee. While it is the rule that an ordinary vendor’s lien for the purchase money of land, which exists, not by virtue of any contract between the parties, but merely by implication of law, is not transferable so as to be enforced in favor of an assignee of the notes given for the purchase money, yet, when the lien of the vendor arises out of express contract, as by being reserved in the deed, and such reservation recognized on the face of the notes, it will pass to an assignee of the notes, and may be enforced in his favor.</p> <p>2. Same—whether waived by talcing other security. Where the lien of the vendor of land arises out of express contract b etween the parties, it will not be deemed to be waived by the taking of other security for the payment of the purchase money, as would be the case with an ordinary vendor’s lien which exists merely by implication of law.</p> <p>3. Mabbied women—of their power to purchase proparty and create indebtedness therefor. The act of 1861 authorizes a married woman to acquire property from any person other than her husband, by descent, devise, or otherwise, and this last expression is broad enough to embrace a purchase by her, of real estate; and having such power of purchase, when exercised, it must be on the same terms and conditions as attach to others not under disability, so far that she shall be bound by her purchase, and her separate property rendered liable, in equity, to discharge indebtedness incurred therefor.</p> <p>4. So where a married woman purchased real estate, receiving a deed therefor, and executing her promissory notes for the purchase money, it was held, the contract being fully executed on the part of the vendor, a court of equity would regard it binding upon the purchaser, and would subject the land, the title still remaining in such purchaser, to the payment of the purchase money.</p> <p>5. In such case, had the contract remained unexecuted, a court of equity m