Moshier v. Meek

Citations

• 80 Ill. 79

Syllabus

<p>1. Vendor’s lien. A vendor’s lien in equity is created by operation of law, even though the vendor does not know that such lien exists when he,parts with the title to land, without any other security for the payment of the purchase money.</p> <p>2. Any act or declaration of the vendor which shows he does not rely upon the lien, or has abandoned it, operates to prevent its attaching, or to destroy it.</p> <p>3. Same—how lost. If the vendor transfers the notes taken for the purchase monei1-, he is regarded as having received his pay, and the lien is gone and does not pass to his assignee. And if the vendee sells the land to one not having notice of the lien, or not chargeable with notice, the lien will he lost.</p> <p>4. Where a father convejmd land to his son, taking his notes for the price, and during his lifetime declared that he did not intend to collect the notes: Held, that such declaration clearly showed he did not intend to roly on or enforce a vendor’s lien, and .consequently his representatives could not enforce one.</p> <p>5. Creditor’s bill—legal remedies must first be exhausted. A creditor’s bill will not lie where the complainant has not shown he has exhausted his legal remedies. The claim must be reduced to a judgment, and an execution returned nulla bona, before a court of equity will aid in reaching equitable interests.</p>