DIXON VS. DIXON. 221

ings to collect them from the obligor until they were filed in
in this case in March, 1847.

After referring to the case of Repp vs. Repp, 12 G. & J., 341;

to show that the lien would have existed for the security of the
vendor, notwithstanding the conveyance of the claims had not
been assigned. The Chancellor goes on to say :]

THE CHANCELLOR:

But in this case the claims have been assigned, and it is in-
sisted that the equitable lien of the vendor passed to the as-
signee by virtue of the assignment.

No case has been, or as it is believed can be, found, estab-
lishing this proposition to the extent contended for here, and
the opinion of the late Chancellor was directly against it. Igle-
hart vs. Jirmiger, 1 Bland, 519.

[After alluding to the case of Schnebly and Lews vs. Ragan,
7 G & J., 120, in which the Court of Appeals of this state in
reviewing the opinion of the court in 1 Ohio Rep., 318, decid-
ing that the vendor's lien is an equity that arises to the vendor
for his own safety, but cannot be transferred to another, say :

"we are not, however, prepared to go to the full extent of this
decision, if the court meant to say, that the assignees could not
obtain the benefit of this lien by express contract." The Chan-
cellor continues:]

It is certainly fairly inferrible, however, that the Court of Ap-
peals meant to give their sanction to the decision in Ohio with
that qualification only, and that unless an express contract could
be shown for the transfer of the lien, it would not pass to the
assignee simply upon the footing of the assignment of the debt.

Cases have, or may be referred to, in which the benefit of the
vendor's lien has been extended to third persons, but these
cases are supposed to rest upon principles entirely distinguish-
able from the present. They are cases in which the principle
of marshalling assets has led to this result, as shown in 3 Sug-
dens' Vendors, 138, &c., or in which securities who have been
compelled to pay for their principals, have been, by substitution,
19*