Wilson v. Plutus Mining Co.

Citations

• 174 F. 317
• 98 C.C.A. 189
• 1909 U.S. App. LEXIS 5182

Syllabus

<p>1. Vendo» and Purchase» (§ 254*) — “Vendor’s Lien.”</p> <p>A conveyance of real estate for which the consideration is not paid raises a claim in equity upon the property conveyed, commonly called a “vendor’s lien,” which eourts enforce against the grantee and those claiming under him with notice, on the ground that one who gets the estate of another ought not to be permitted to keep it without paying the agreed consideration for it.</p> <p>[Ed. Note. — For other eases, see Vendor and Purchaser, Cent. Dig. §§ 641-651 ; Dec. Dig. § 254.*</p> <p>Dor other definitions, see Words and Phrases, vol. 8, pp. '7288-72SO, 7827.]</p> <p>2. Courts (§ 282*) — Vendor’s Lien — Federal Courts Enforce Unless Contrary to Jurisprudence of State.</p> <p>The federal courts enforce a vendor’s or grantor’s lien in pursuance of the general rule in equity, when it is not in contravention of the jurisprudence of the state in which the suit is brought.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 797, 798; Dec. Dig. § 262.*]</p> <p>8. Equity (§ 231*) — Pleading—Absence from Bill of Prayer for Special Belief Not Fatal.</p> <p>The absence from a bill in equity of a prayer for the special relief, to which the complainant supposes himself entitled, will not sustain a dismissal upon a demurrer which does not specify that defect, where the bill states a good cause of action and contains a prayer for general relief.</p> <p>[Ed. Note. — For other cases, see Equity, Dec. Dig. § 231.*]</p> <p>4. Equity (§ 87*) — Laches—Application in Analogy to Statutes of Limitation — Bulbs for.</p> <p>Courts of equity are not bound by, hut act in analogy to, the statutes of limitation relating to actions at law of like character.</p> <p>When a suit is brought wilhin the time fixed by the analogous statute, the burden is on the defendant to show, either from the face of the bill or by his answer, that extraordinary circumstances exist which require the application of the doctrine of laches within t