Page:Federal Reporter, 1st Series, Volume 4.djvu/591

 QQOS BAI WAQQB 00. V. CBOCBBB. 677 �Thb Coos Bay Waooh Co. r. Cbookeb. �tOireuit Court, D. Oregon. Noyember 22, 1880.) �1. VEïTDOB'a LiBK. — Upon the sale of real property on credit, wlthout �collateral seourity, the vendor bas a lien upon the same for thetinpaid purchase money, unless it was waived by the express agreement of the parties ; and such lien exists and may be enforced against ail persons claiming under the vendee with notice that the purchase money is unpaid. �2. AssiGNMENT. — ^The Bssîgnment and acceptance of a contract for the �eale of real property does not make the assignee personally liable for the purchase money due thereon ; and, as against him, the vendor'g remedy is conflned to the enforcement of his lien on the property. �3. CtoNTHACT— Entihb ob Sbvbbablb.— Whcther a contract is entire or �severable, depends upon the intention of the parties, to be gathered from the circumstances of the case. �A. Same.— A contract to sell 96,000 acres of wild land, of different grades and values, lying substantially in a body, at an average price of one dollar per acre, to be conveyed and paid for as and when the same is Burveyed and patented to the grantee by the United States, is not as many distinct contracts as there may be conveyances and payments in pursuance thereof, but only one entire contract, and therefore the vendor's lien for any portion of the purchase money thereof remain- ing unpaid extends to and may be enforced against the whole tract �In Equity. �Rufus Mallory and W. R. WiUis, for plaintiff. �William R. Stroiig, for defendant. �Dbady, D. J. On March 3, 1869, congress passed an act granting "to the state of Oregon, to aid in the construction of a œilitary wagon road from the navigable waters of Cooa Bay to Eoseburg, in said state," the alternate sections of the public land, not exceeding six sections in -width on each side of said road, (15 St. 340;) and on October 22, 1870, the leg- bay Wagon Eoad Company "ail lands, rights of way," etc., Bo granted to the state, "for the purpose of aiding said Com- pany in constructing the road mention ed in said act of con- gress, and upon the conditions and limitations therein pre- Bcribed." Sess. Laws, 40. �v.4,no.7— 37 ����
 * iriative assembly of Oregon passed an act granting the Coos