David Josiah Brewer

“ There is no presumption from the delivery of the deed that the plaintiffs intended to waive their lien for the purchase money. Indeed, it is characteristic of a vendor's lien, as distinguished from a contract lien, that it arises upon a transfer of title. It is a doctrine of equitable jurisprudence which says that land, which is immovable, is the best security for its own price, and that title thereto should therefore pass subject to the equitable burden of such security. ”

“ It is an express affirmation that their dominion over the property is not to cease until the pruchase money is all paid. It thus makes the property itself the security for the price. In the face of this stipulation, it would require very cogent testimony to convince any one that the plaintiffs had abandoned all lien upon the property itself, and were resting alone upon the security of the shares. There is no such testimony,-nothing which makes against this express purpose of the plaintiffs to retain control of the property until the purchase price was paid. ”

“ It means simply that the grantors shall have removed all burdens which rested upon the property prior to the time of making their deed, and that that deed shall pass the title perfect and unincumbered, but not that the grantee shall take it free from all obligation of payment, or discharged from the lien for the purchase price which rests upon real estate until such price is paid. ”