63 Ind. App. 318 | Ind. Ct. App. | 1916
This was an action by appellee against appellants to enforce a vendor’s lien against certain real estate. The errors assigned in overruling appellant’s demurrers to the complaint will not be discussed, since the arguments as to such errors are met by what will be said concerning the facts of the case as found by the court and its conclusions of law thereon.
This was sufficient to cause,'to .exist in appellant’s favor a lien against the ten-acre tract of land for the purchase price. When the actual vendor holds only a title in equity, and the conveyance is made directly from the party holding the legal title in trust, a vendor’s lien arises in favor of the actual vendor. “Where a purchaser has paid the whole purchase-money, he is, in 'equity, regarded as the real owner of the land for every purpose. He is so in very substance, and a conveyance to him is but a compliance with a form of law. It would be a surprising doctrine, that a court of equity would so stick upon form, in utter disregard of right, as to deny to him the implied lien for purchase-money, which it would give if he had held also the legal title.” Johns v. Sewell (1870), 33 Ind. 1, 4. See, also, Dwenger v. Branigan (1884), 95 Ind. 221; Otis v. Gregory (1887), 111 Ind. 504, 515, 13 N. E. 39.
“One day after death * '* * for value received % *= # promise to pay S. J. Porter the sum of $318 and attorneys’ fees, negotiable and payable at the Union Bank at Tipton, Indiana, with interest at the rate of six per cent per annum from date until paid,”
The death of appellee while this appeal has been pending having been suggested, the judgment is therefore affirmed as of the date of submission. Judgment affirmed.
Note. — Reported in 112 N. B. 1005. See under (1) 39 Cyc 1801. Negotiable note, what constitutes, Ann. Cas. 1912D 4. See under (2) 7 Cyc 606; (3) 39 Cyc 1834; (4) 39 Cyc 1823.