Hill v. Grigsby

Citations

• 32 Cal. 55

Syllabus

<p>Attachment.—The vendor of real estate cannot take out an attachment for unpaid purchase money, if he can enforce a lien for such purchase money. It matters not whether such lien is one which Courts of equity will enforce in favor of a vendor, or whether it is one created by contract.</p> <p>Lien of Vendor.—The vendor of real estate has a lien on the same for the unpaid purchase money, and such lien attaches to the land equally whether it has been conveyed to the vendee or is only contracted to be conveyed.</p> <p>When Attachment cannot Issue.—An attachment cannot issue when the plaintiff has a lien to secure his debt, and it matters not whether the lien is one recognized by Courts of equity or is one of statutory origin and resting in contract.</p> <p>Idem.—If the plaintiff has a lien to secure his debt on property out of this State, an attachment cannot issue.</p> <p>Laws of Another State.—In the absence of proof on the subject, the presumption is that the laws of another State are the same as those of this State.</p>