McLaurie v. Thomas

Citations

• 39 Ill. 291

Syllabus

<p>1. Vendob’s lien—when retained. As a general rule, in equity, the vendor retains a lien upon the real estate sold by him, until the purchase-money is paid.</p> <p>3. This is always the case between the parties themselves, unless the lien has been expressly or impliedly released.</p> <p>3. Same—by what means the lien is lost; and when preserved as against second purchasers. Where there is an express agreement to waive the lien, or where the vendor takes other security, he thereby waives it.</p> <p>4. And the same effect is produced by an assignment of the notes given-for the purchase-money, as the assignee cannot enforce such a lien.</p> <p>5. And a person purchasing from the vendee without notice, or a knowledge of such facts as charge Mm with notice, of the former vendor’s lien, takes the property freed therefrom.</p> <p>6. Usually, in case of the sale of several tracts of land, and the vendee sells a portion to another person, even with notice, and receives the purchase-money, the vendor will be required to exhaust the property remaining in the hands of Ms vendee, before he can resort to the portion in the hands of the second purchaser.</p> <p>7. Or, where a person who only holds a bond for a conveyance from his vendor, sells a portion of the premises to another, and the first vendor conveys such portion to the second purchaser without objection, and without any notice to him that he would rely on Ms vendor’s lien as to the portion so conveyed, and permits such second purchaser to pay the money to Ms vendor, without objection, the first vendor will thereby be estopped from afterward asserting Ms lien for unpaid purchase-money, as against such second purchaser.</p> <p>8. It seems that where the vendee, who holds the land subj ect to Ms vendor's lien for unpaid purchase-money, sells all of the land to different purchasers, who are all in the same situation, having notice of the first vendor’s rights, the land must all be charged ratably with Ms lien.</p> <p>9. Bu