vendor's lien

a vendor of land, though he has made an absolute conveyance by deed, and though the consideration is in the instrument expressed to be paid, has an equitable lien for the unpaid purchase-money, unless there has been an express or an implied waiver of it. And this lien will be enforced in equity against the vendee and all persons holding under him, except bona fide purchasers, without notice.

An equitable lien or implied agreement in favor of the vendor of land sold for the purchase money, 175 111. 441, where the deed expresses, contrary to the fact, that the purchase money is paid. Unless waived, the lien remains till the whole purchase money is paid. 16 Ves. 329; 4 Russ. 336; 1 W. Bl. 123; 2 P. Wms. 291; 1 Jac. & W. 234; 1 Vern. 267,

An equitable lien allowed the vendor of land sold for the unpaid purchase-money. 3 Pom. Eq. Jur. $ 1260. See Lien. VENIRE FACIAS (Lat.). That you cause to come. According to the English law, the proper process to be issued on an indictment for any petit misdemeanor, on a penal statute, is a writ called venire facias. It is in the nature of a summons to cause the party to appear; 4 Bla. Com. 18, 351. See Thomp. & M. Juries 62. awarded when, by reason of some irregularity or defect in the proceeding on the first venire, or the trial, the proper effect of the venire has been frustrated, or the verdict become void in law; as, for example, when the jury has been improperly chosen, or an uncertain, ambiguous, or defective verdict has been rendered. Steph. PI. 120; or when a judgment is reversed on a writ of error. A motion for a venire facias de novo is properly denied, where there is no defect, ambiguity, or uncertainty in the verdict; Knight v. Knight, 6 Ind. App. 208, 33 N. 10. 45G. Upon reversal of a judgment, the awarding the writ is controlled by the character of the case and the sound discretion of the appellate court; Fries v. It. Co., 98 Pa. 142. But federal courts, in reversing a judgment for plaintiff at law, cannot direct a judgment for defendant, but must order a venire facias de novo; Slocum v. Ins. Co., 228 U. S. 304, 33 Sup. Ct 523, 57 L. l Od. 879. As to a distinction between venire facias de novo and venire de novo, see 1 Wils. 48. See also 47 Am. L. Rev. 377. VENIRE FACIAS JURATORES (Lat.). (Frequently' called venire simply.) The name of a writ directed to the sheriff, commanding him to cause to come from the body of the county, before the court from which it issued, on some day certain and therein specified, a certain number of qualified citizens who are to act as jurors in the said court. Steph. PL 104. See Cridland v. Floyd, 6 S. & R. (Pa.) 414; 3 Chitty, Pr. 797; Jury. VENTE (Fr.). A sale. Vente a r£in€r£. A sale made, reserving a right in the seller to repurchase the property sold by returning the price paid for it. The term is used in Canada and Louisiana. The time during which a repurchase may be made cannot exceed ten years, and, if by the agreement it so exceed, it shall be reduced to ten years. Vente aleatoire. A sale subject to an uncertain event. Vente aux enchtres. An auction.

A lien for purchase money remnining unpnid, allowed in equity to the vendor of land, when the statement of receipt of the price in the deed is not in accordance with the fact. Also, a lien existing in the unpaid vendor of chattels, the same remaining in his bands, to the extent of the purchase price, where the sale was for cash, or on a term of credit which has expired, or on an agreement by which the seller Is to retain possession. See Morgan v. Dalrymple, 59 N. J. Eq. 22, 46 Atl 664; Lee v. Murphy, 119 Cal. 364, 51 Pac. 549 ; Graham v. Moffett, 119 Mich. 303, 78 N. W. 132, 75 Am. St. Rep. 393; Gessner v. Palmateer. 89 Cal. 89, 26 Pac. 789, 13 L. R. A. 187; Blomstrom v. Dux, 175 111. 435, 51 N. E. 755; Tieman v. Beam, 2 Ohio, 388, 15 Am. Dec. 557; Warford v. Hankins, 150 Ind. 489, 50 N. E. 468; Slide & Spur Gold Mines v. Seymour, 153 U. S. 509, 14 Sup. Ct 842, 38 L. Ed. 802.

Defined under Vendor in Black's Law Dictionary.

Vendee's lien. v. Lien.