O.C.G.A. § 44-14-322 (2019)
Vendor’s equitable lien abolished
The vendor’s equitable lien for the purchase money of lands is abolished.
History
Orig. Code 1863, § 1988; Code 1868, § 1978; Code 1873, § 1997; Code 1882,
§ 1997; Civil Code 1895, § 2823; Civil Code 1910, § 3373; Code 1933, § 67-1703.
Annotations
JUDICIAL DECISIONS O.C.G.A. § 44-14-322 is not retroactive. Bass v. Ware, 34 Ga. 386, 1866 Ga. LEXIS 107 (1866). Abolition does not dispense with purchaser’s equity. - The abolition of the vendor’s equitable lien did not dispense with the natural equity acquired by the purchaser through payment of the purchase money, as the law recognizes that title is held in trust for the purchaser.
Horner v. Savannah Valley Enters., Inc., 234 Ga. 371, 216 S.E.2d 113, 1975 Ga. LEXIS 1137 (1975). Vendor has no priority in decedent’s estate. - In the distribution of a decedent’s estate, a vendor holding promissory notes has no priority of payment out of the land. Jones v. Janes, 56 Ga. 325, 1876 Ga. LEXIS 282 (1876).
RESEARCH REFERENCES Am. Jur. 2d. 77 Am. Jur. 2d, Vendor and Purchaser, § 583. Am. Jur. Pleading and Practice Forms. 24A Am. Jur. Pleading and Practice Forms, Vendor and Purchaser, § 3. C.J.S. 92A C.J.S., Vendor and Purchaser, § 529. ALR. Vendor and purchaser: vendor’s lien to secure legacy which one receiving quitclaim from legatee agrees to pay, 2 A.L.R. 810. Bankruptcy: priority as between vendor’s lien on real estate and rights of
trustee in bankruptcy of purchaser, 22 A.L.R. 1338. Contract for development and sale of land as creating a power coupled with interest or supporting an equitable lien, 65 A.L.R. 1080. Unperformed agreement as to security for, or creation of fund for payment of, purchase price, as waiver of vendor’s lien real property, 119 A.L.R. 1180. Real estate broker’s rights and remedies in respect of property or proceeds for payment or security of his compensation, 125 A.L.R. 921. Right of seller or assignor of leasehold to vendor’s lien, 67 A.L.R.2d 1094.