Small v. Stagg

Citations

• 95 Ill. 39
• 1880 Ill. LEXIS 147

Syllabus

<p>1. Subrogation—of party advancing purchase money to remove vendor's lien. A person advancing money to a purchaser of land which is used in completing his payment of the purchase money, who at the time takes a deed of trust on the premises to secure himself, there being no privity or arrangement between him and the vendor that he shall succeed to the lien of the vendor, he will not he entitled in equity to be subrogated to the rights of the vendor, so as to hold the entire premises against a second purchaser from the first of a part of the land, who was in possession under his contract at and before the execution of the trust, deed.</p> <p>2. Vendor’s dien—not assignable. A vendor’s lien is a right that can only be enforced by the vendor himself, and is not assignable.* </p> <p>3. Possession—notice of title. The actual possession of a part of a tract of land by a purchaser thereof, before and at the time of the execution of a deed of trust by his vendor upon the entire tract, is notice to the party taking such incumbrance of the rights of the purchaser.</p>