vendor's lien

vendor's lien
A creature of equity, being a lien impliedly belonging to a vendor for the unpaid purchase price of land, where he has not taken any other lien or security beyond the personal obligation of the purchaser. An equitable security which arises from the fact that a vendee has received from his vendor property for which he has not paid the full consideration, and such lien exists independently of any express agreement. Causer v. Wilmoth, Mo.App., 142 S.W.2d 777, 779.
Also, a lien existing in the unpaid vendor of chattels, the same remaining in his hands, to the extent of the purchase price, where the sale was for cash, or on a term of credit which has expired, or on an agreement by which the seller is to retain possession.
In English and American law a vendor's lien is exceptional in character, and is an importation from the civil law, which found its recognition through courts of chancery, on the equitable principle that the person who had secured the estate of another ought not in conscience to be allowed to keep it and not pay full consideration money, and that to enforce that payment it was just that the vendor should have a lien upon the property

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • Vendor's lien — Vend or s lien (Law) An implied lien (that is, one not created by mortgage or other express agreement) given in equity to a vendor of lands for the unpaid purchase money. [Webster 1913 Suppl.] …   The Collaborative International Dictionary of English

  • vendor's lien — see lien Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • vendor's lien — The implied lien of a vendor of real estate, who has conveyed the legal title, as security for the unpaid purchase money. 55 Am J1st V & P § 462. The express lien of a vendor of real estate under a provision of the contract that he is to retain… …   Ballentine's law dictionary

  • vendor's lien — noun : an implied lien given in equity to a vendor of lands for unpaid purchase money as against the vendee and volunteers under him …   Useful english dictionary

  • vendor — ven·dor / ven dər, ven dȯr/ also vend·er / ven dər/ n: one that sells something Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. vendor …   Law dictionary

  • lien — / lēn/ n [Anglo French, bond, obligation, literally, tie, band, from Old French, from Latin ligamen, from ligare to bind]: a charge or encumbrance upon property for the satisfaction of a debt or other duty that is created by agreement of the… …   Law dictionary

  • Lien — For other uses, see Lien (disambiguation). Property law …   Wikipedia

  • lien — /liy(a)n/ A claim, encumbrance, or charge on property for payment of some debt, obligation or duty. Sullins v. Sullins, 65 Wash.2d 283, 396 P.2d 886, 888. Qualified right of property which a creditor has in or over specific property of his debtor …   Black's law dictionary

  • lien — /liy(a)n/ A claim, encumbrance, or charge on property for payment of some debt, obligation or duty. Sullins v. Sullins, 65 Wash.2d 283, 396 P.2d 886, 888. Qualified right of property which a creditor has in or over specific property of his debtor …   Black's law dictionary

  • vendor's express lien — See vendor s lien …   Ballentine's law dictionary

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