Publisher's Synopsis
Excerpt from Dart's Treatise on the Law and Practice Relating to Vendors and Purchasers of Real Estate, Vol. 2 of 2
A vendor's lien is, however, money charged on land by way of mortgage within the Real Estates Charges Acts, 1854 to 1877, so as to deprive the heir or devisee Of a testator, or intestate, Of a right to have the unpaid purchase-money of land purchased by the testator or intestate discharged out Of the personal estate, unless in the case of a testator he should, within the meaning of the Acts, have signified a contrary intention, but such contrary intention is not to be deemed to be signified by a charge of, or direction for pay ment of, debts upon or out Of residuary real and personal estate, or residuary real estate (u).
As the Act Of 1877 confines the expression of a contrary intention to the case of a testator, it seems that no such expression by deed or other document would have the effect of freeing the purchased estate from an existing vendor's lien in the hands of the heir; though in the case of a mortgagee such a contrary intention might be sufficiently expressed under the Act of 1854 by deed or other document, as well as by will (a).
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