Unpaid sale price after conveyance gives the seller a charge on property, not a conditional decree for possession.

Where title had passed under a sale but the purchase price remained unpaid, the seller was limited to the statutory charge on the property for the unpaid amount and interest. The seller could not obtain a conditional decree for possession as a substitute remedy, because after conveyance the proper course is enforcement of the charge rather than recovery of possession on payment default. The earlier authorities were treated as consistent with that rule. The conditional decree for possession was therefore unsustainable and was set aside, leaving the seller to recover the unpaid price with a charge on the suit property in default.

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Issues: Whether, on a sale where the purchase-money remained unpaid, the seller could be granted a conditional decree for possession instead of being confined to a charge on the property.

Analysis: Under the governing provision relating to unpaid purchase-money, where ownership has passed to the buyer but the price remains unpaid, the seller is entitled only to a charge on the property for the unpaid amount and interest. The earlier authorities relied on were treated as supporting the same principle that, after conveyance, the vendor cannot secure possession as a condition for payment of the balance. The proper remedy is enforcement of the statutory charge, not a decree for possession conditional on payment.

Conclusion: The conditional decree for possession was unsustainable and was set aside. The seller was held entitled only to recover the unpaid price with a charge on the suit property in default.

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