Page:Federal Reporter, 1st Series, Volume 3.djvu/622

 BUTLEE ». DOtJGLASa. 616 �time the origin of title in the tenant agaînst his landlord.' That the remedy upon the bond, note, or, simple contract for the purchase money is barred in cases like this, in no- wise affeots the right to proceed in equity against the land. As in respect to mortgages, the lien will be presumed to have been satisfied after the.lapse of twenty years from the ma- turity of the debt, but in both cases laches may be explained and the presumption repelled. The principles upon which this opinion proceeds are distinctly recognized in Harns v. King, 16 Ark. 122. That case alone would be decisive of the case before us. The considerations \rhieh apply where the vendor in such cases resorts to an action of ejectment were examined by this court in Bumett v. Caldwell, 9 Wall, 290." The case of Bumett v. Caldwell here referred to seems to es- tablish conclusively the doctrine that the vendee, under a bond for a'deed, though placed in possession by the vendor, does not hold adversely to the latter. The court say : "If the contract stipulates for possession by the vendee, or the vendor puts him into possession, he holds as a licensee. The relation of landlord and tenant does not exist between the parties. The characteristic feature of that relation is want- ing. The vendee pays nothiug f or the enjôyment of theprop- erty. The case cornes within the category of a license. In such cases the vendee cannot dispute the title of the vendor, any more than the lessee can question the title of his lessor. " In Harris v. King, (16 Ark. 122,) the supreme court of Arkansas recognized the doctrine announced in these decis- ions. I do not feel at liberty to depart from that doctrine, and I do not think it can be maintained that a different rule bas been, by other and later decisions, so firmly established in Arkansas as to constitute a settled rule, respecting property in that state, -which the federal courts are bound to follow. The doctrine that the purchaser who enters into possession without obtaining a conveyance of the legal title, and without paying the purehase money, who holds only under a bond for a deed, to be executed when the purchase price is paid, is a mere licensee, and a trustee for his vendor, having no adverse relation to him, is 60 well grounded in reason, and so thor- ����