Selna v. Selna

Citations

• 125 Cal. 357
• 58 P. 16
• 1899 Cal. LEXIS 863

Syllabus

<p>Vendor’s Lien—Code Provisions—Equity Rule.—The provisions of sections 3046, 3047, and 3048, of the Civil Code, are intended to make more clear and definite the equity rule as to vendor’s liens, by which a vendor who has made a deed of grant to the purchaser has an equitable lien upon the granted premises for the amount of the unpaid purchase money, if it is unsecured otherwise than by the personal obligation of the buyer.</p> <p>Id.—Foundation and Origin of Doctrine.—The foundation of the doctrine as to the lien of a vendor is in the general principles of equity and moral justice, that a person who has acquired the estate of another, ought not in conscience, as between them, to be allowed to keep it and not pay the full consideration money; and the origin of the doctrine appears to be the principles of the Roman law, imported into the equity jurisprudence of England.</p> <p>Id.—Rights and Liabilities of Personal Representatives.—The lien of a vendor is not extinguished by his death, nor by the death of the grantee. It passes to the personal representatives of the deceased vendor, and may be enforced against the estate of the deceased grantee, or those into whose hands it may come.</p> <p>Id.—Waives of Lien—Intention—Inequity.—In order to constitute a waiver of the hen of the vendor, his intention must be evinced, expressly or impliedly, to dispense with the lien; or he must so place his rights in relation to the land sold as to make it inequitable to sustain the right thereto.</p> <p>Id.—Burden of Peoof as to Waives—Peesumption.—The burden of proof is upon the purchaser to establish that in the particular case the lien has been intentionally displaced or waived; and if, under all the circumstances, it remains in doubt whether the lien has been waived, it will not be presumed to have been waived, but will be sustained and enforced.</p> <p>Id.—Presentation of Claim Against Estate—Omission to State Claim of Lien.—There is no statutory provision requiring that a clai