The vendor has a lien upon the estate for the unpaid purchase-money (a); if therefore, before payment, the purchaser be in possession, equity will restrain him from any act, - such as felling timber, - by which the vendor's security might be depreciated (b); if, however, only an inconsiderable part of the purchase-money remain unpaid, it may be conjectured that the vendor, applying for the injunction, would, as would an ordinary mortgagee, have to satisfy the Court of the estate without the timber being an insufficient security (c): and it is also presumed that the injunction might be so extended as to restrain the cutting of imderwood out of the due course of husbandry (d), or any other similarly prejudicial act.

Sales by Court.

Contract by public company under usual compulsory power, does not exhaust the power.

Vendor's lien on estate.

He may restrain a fall of timber by

(w) See Sug. 336.

(x) Davies v. Cooper, 5 M. & C. see p. 279.

(y) Infra, Ch. XIX.

(z) Simpson v. Lancaster and Car/isle Railway Company, 15 Sim. 580; Stamps v. Birmingham and purchaser in possession.

Stour Valley Railway Company, 2 Ph. 673; 6 Rail. Ca. 123.

(a) As to which, vide infra, Ch. XIV.

(b) Croekford v. Alexander, 15 Ves. 138.

A judgment entered up against the vendor subsequently to the contract, and registered, is a lien upon the unpaid purchase-money (e).

If the purchaser die, intestate and without an heir, before conveyance, it seems probable that the vendor might keep the estate and any part or the whole of the purchase-money, if paid (f).

Where the purchase is by a tenant, either from year to year or for a longer term, the contract will not determine the tenancy, unless specially worded so as to be an absolute contract for purchase whether the vendor do or do not show a good title (g): but equity will restrain the landlord from enforcing payment of rent pending completion (h).

A mere tenancy at will appears to be determined by the contract (i).

It has been recently determined, that a purchaser who has been let into possession, pending discussions as to title, cannot, if the contract go off through defects in title, be sued for use and occupation; even although the occupation may have been a beneficial one (j): nor can he, unless he agreed to quit on some specified event which has happened (k), be ejected without notice (l): the above questions should, of course, be provided for by special agreement where the purchaser is let into possession before payment, or where the purchase is by a tenant: when the purchase is completed, the purchaser's title, even at Law, so far relates back to the time fixed for completion, that he can maintain use and occupation against a person whom he has by mistake allowed to have the interim possession (m).

Under what circumJudgment is a lien on unpaid purchase-money.

Vendor's rights, on death of purchaser without real representative before completion.

Tenancy of purchaser, whether determined by contract.

Tenancy at will determined.

Purchaser in possession, not liable for use and occupation, if no title.

(c) See Humphreys v. Harrison, 1 Jac. & W. 581; Hippesley v. Spencer, 5 Madd. 421; King v. Smith, 2 Ha. 239.

(d) Humphreys v. Harrison, ubi supra.

(e) Prid. on Judgments, 21.

(f) See Sug. 337.

(g) Doe v. Stanion, 1 Mee. & W. 695.

(h) Daniels v. Davison, 16 Ves. 253.

(i) Sug. 193.

(j) Winter bottom v. Ingham, 7 Q(4.) Rights of vendor and purchaser, inter se, not affected by death, bankruptcy, &C. of either party.

The contract, when once entered into, will not be avoided by the death, bankruptcy, insolvency, or lunacy (n), of both or either of the parties, even before the time fixed for completion.

Upon the bankruptcy of a purchaser, the vendor may require the assignees to elect whether they will abandon or perform the contract; and, if they fail so to do, may apply by petition for delivery up of the agreement and possession of the premises (o): and if, in any case, they allow a reasonable time to elapse without requiring the contract to be performed, they will be considered to have abandoned it (p); and the question, what is a reasonable time, will, in an action at Law, be left to the jury (p): or the vendor may petition for a resale of the property, and for payment of the amount remaining due to him, and for leave to prove for the deficiency (q) (if any); and he will be entitled to his costs, although there be no written contract, but only part performance of a parol agreement (r).

Contract not avoided by death. bankruptcy, or insolvency.

B. 611; and see Kirtland v. Poun-sett, 2 Taunt. 145, where the Court seemed to attach importance to the fact of the purchaser having paid part of the purchase-money; see p. 14 7; but this, although it was also the case in Winterbottom v. Ingham, does not seem to have been there considered material.

(k) Doe v. Sayer, 3 Camp. 8.

(l) See 1 Mee. & W. 700; Right v. Beard, 13 East, 210.

(m) Hull v. Vaughan, 6 Pri. 157; and see 7 Q. B. 617.

(n) Winged v. Lefebury, 2 Eq. Ca. Ab. 32; Orlebar v. Fletcher, 1 P. Wms. 737; Owen v. Davies, 1 Yes. 82; Brooke x. Hewitt, 3 Ves. 255; Sug. 191, 192, 233; tide infra, Ch. XVIII.

(o) 6 Geo. IV. c. 16, s. 76; 12 & 13 Vict. c. 106, ss. 145, 146.

(p) Lawrence v. Knowles, 7 Sc. 381.