Cowl v. Varnum

Citations

• 37 Ill. 181

Syllabus

<p>1. Chahoeby— lien of vendor of land rests on intention. The lien of a vendor of land, is the offspring of courts of equity alone, independent of any express contract, upon the mere supposition of the intention of the parties. Whenever, therefore, the court can infer from any circumstances, that the vendor did not rely upon this lien for his security, it is treated as waived.</p> <p>2. Same — how it may be waived. Taking the note of a third party for the purchase price is deemed a waiver of this lien.</p> <p>3. Same—not to be extended beyond settled principles of equity. These liens are secret, and often productive of much injustice, and should not be extended beyond the requirements of the settled principles of equity.</p> <p>4. Same — lien waived how, where wife is purchaser. Where a married woman purchased a tract of land paying five hundred dollars of the purchase money with her own funds, not derived from her husband, and the husband gave his note for the balance of the purchase money, the vendor has no lien on the land for such balance.</p>