OTHER EQUITABLE LIENS. In a case analogous to the vendor's lien, where money has been paid prematurely before conveyance made, the purchaser and his representatives have a lien ; 3 Y. & J. 264; 11 Price 58 ; 1 P. Wms. 278.
So where the purchase money has been deposited in the hands of a third person, to cover incumbrances; 1 T. & R. 460; 1 Ves. 478. Yet a lien will not be created for a third party, who was to receive an annuity under a covenant as a part of the consider ation for the conveyance; 1 M. & K. 297; 2 Keen 81.
The deposit of the title-deeds of an estate gives an equitable lien on the estate; 4 Bro. C. C. 269; s. c. 1 Lead. Cas. Eq. 931; L. R.
3 P. C. C. 299 ; Bisph. Eq. 357; without any express agreement either by parol or in writing. But not when the circumstances of the deposit were such as to show that no such lien was intended ; 36 Beay. 27. This equi table lien has been recognized in Rockwell v. Hobby, 2 Sandf. Ch. (N. Y.) 9; Mowry v. Wood, 12 Wis. 413; Williams v. Stratton, 10 Sm. & M. (Miss.) 418; but denied in 2 Disn. 9; Rickert v. Madeira, 1 Rawle (Pa.) 325. This lien is not favored, and is confined strictly to an actual, immediate, and bona fide deposit of the title-deeds with the credi tor, as a security, in order to create the lien; 12 Ves. 197; Story, Eq. Jur. § 1020 ; 4 Kent 150. It would not be valid under the recording acts as against a bona fide pur chaser from the owner of the title, without notice.
One who has a lien for the same debt on two funds, on one only of which another person has a lien, may be compelled in equity by the latter to resort first to the other fund for satisfaction; 8 Ves. 388; Cheesebrough v. Millard, 1 Johns. Ch. (N. Y.) 409, 7 Am. Dec. 494; 1 Story, Eq. § 633; but not where there are prior liens on both funds; Jennings v. Loeffler, 184 Pa. 318, 39 Atl. 214.
When a single lien covers several parcels of land, such of them as still belong to the real debtor will be primarily charged, to the exoneration of lands transferred to third parties; and if the purchasers are called upon to pay, they will be charged successive ly in the reverse order of time of transfers to them; Clowes v. Dickenson, 5 Johns. Ch.
(N. Y.) 235 ; In re Cowden's Estate, 1 Pa. 275; but see contra, 2 Story, Eq. Jur. § 1233.
One joint tenant has, in many cases, a lien on the common estate for repairs put on by himself above his share of the liabili ty; 1 Ball & B. 199; Story, Eq. Jur. § 1236; Sugd. Vend. 611.
And equity applies this principle even to cases where a tenant for life makes perma nent improvements in good faith; 1 Sim. & S. 552. So where a party has made improve ments under a defective title ; 6 Madd. 2.
An agreement between two legatees where by one purchases the interest of the other and agrees that the executor shall hold his own interest in the 'estate as security for the payment of the consideration, and shall pay to the vendor any sum due under the will to the vendee, creates an equitable lien on the personal property or its proceeds, to which tile vendee is entitled under the will, but not on the real estate ; Carroll v. Kelly, 111 Ala. 661, 20 South. 456.
So, too, there' is a lien where property is conveyed inter vivos, or is bequeathed or de vised by last will and testament, subject to a charge for the payment of debts ; or to other charges in favor of third persons ; Story, Eq. Jur. § 1244. A distinction must be kept in mind between a' devise in trust to pay certain sums, and a devise subject to charges.
An equitable lien may be given by ex press contract upon future property ; Kreling v. Kreling, 118 Cal. 413, 50 Pac. 546 ; but it is not created by a mere promise to pay a debt from a particular fund if it should ever' come into existence; Burdon Cent. Sugar Re fining Co. v. Mfg. Co., 78 Fed. 417.
An acknowledgment in a deed to a firm that a judgment in favor of the grantor against a member of the firm is to stand against a fractional portion of the property conveyed, creates a lien by deed ; In re Fair Hope North Savage Fire Brick Co.'s Assign ed Estate, 183 Pa. 96, 38 Atl. 519.