Noah Haynes Swayne

“ The seller under such circumstances has a vendor's lien, which is certainly not impaired by withholding the conveyance. The equitable estate of the vendee is alienable, descendible, and devisable in like manner as real estate held by a legal title. The securities for the purchase-money are personalty, and in the event of the death of the vendor, go to his personal representative. [2] It does not appear that the title-bond authorized Hawkins to take possession, or that he did so. If there were no such authority, and he entered into possession, he held as a licensee or tenant at will. ”

“ He is regarded as a tenant at will to the trustee. 'Therefore, until this tenancy is determined there can be no adverse possession between the parties.' [9] The relation once established is presumed to continue, unless a distinct denial, or acts, or a possession inconsistent with it are clearly shown. [10]
In many of the cases it is held that the lien of the vendor under the circumstances of this case is substantially a mortgage. [11] It is well settled that the possession of the mortgagor is not adverse to that of the mortgagee. ”

“ If the tender of a deed had been properly made, and there had been no unjustifiable resistance to the taking of the decree by the complainant, to which he is entitled, he would have been required to pay all the costs. ”