Evans v. Goodlet

Evans v. Goodlet. Whore the vendor of real estate takes no security for the purchase-money but the vendee’s bond, he retains a lien on the land while held by the vendee, whether the conveyance has been executed or not. THIS was a suit in equity, commenced in this Court on account of the interest of the circuit judge, in whose circuit the land mentioned in the bill is situate. — The bill states, that the complainant had sold the defendant a certain tract of land; had. taken no security for payment but the defendant’s bond; and had given possession without executing a conveyance. Also, that the complainant bad recovered a judgment at law on the bond,, and had sued out a fieri facias thereon, which was returned “no property found.” Prayer, that the premises might be sold to satisfy the judgment. The bill was demurred to, and the demurrer overruled. The defendant declined putting in an answer. Hart, for the complainant. Tabbs, for the defendant.. [MAJORITY — Per Curiam.] Per Curiam. A sale of the property is decreed, according to the prayer of the bill . The taking of the bond did not discharge the lien. It is only when the security taken is intended as a substitution for the lien, nob as a mere mode of payment, that the lien is discharged. Vide Lagow et al. v. Badollet et al. and note, May term, 1826, post.