Is a vendor entitled to a vendor’s lien if he takes a mortgage back to secure the balance of the purchase price?

Alberta, Canada


The following excerpt is from M.G.M. Developments v. Black Rose Farms Ltd., 1981 CanLII 1072 (AB QB):

In Anderson v. Trott (1873), 19 Gr. 619, the vendor took a mortgage back to secure the balance of the purchase price. Strong V.C. held that the vendor had thereby disentitled himself to a vendor’s lien.

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