Bowen v. Grace

Citations

• 64 Fla. 28

Syllabus

<p>1. A vendor’s lien is a right which the law by implication accords to the grantor of land, who has conveyed the title and reversed no express lien and has taken no security for the purchase money other than the personal obligation of the grantee, to subject the land in equity to the payment of the purchase money, when the rights of others are not injured and the circumstances and relations of the parties, with reference to the land conveyed, make it equitable to do so. The conveyance of the legal title to the vendee is essential to the existence of th grantor’s lien.</p> <p>2. The equitable lien for the purchase money which the law implies in the absence of an express lien or other remedy is for the benefit of the grantor of land, and it may be waived. Such waiver may be expressly made, or it may be inferred froms facts and circumstances. Any conduct on the part of the grantor tending to show that he does not rely solely upon the legal implication in his favor may operate as a waiver of the grantor’s lien.</p> <p>3. A subsequent purchaser with notice' of a vendor’s implied lien, or of facts that in law create such a lien, takes the land subject to the prior equity of the original vendor.</p> <p>4. Where the sufficiency of the allegations of the bill of complaint are not duly tested, all reasonable intendments will, after final decree, be indulged in support of the pleading.</p> <p>5. The waiver of a vendor’s lien is defensive matter, and the burden of proving it rests on the defendant, unless it otherwise appears.</p> <p>6. The mere fact that a vendor knew the purchaser borrowed money to make a part payment for the property and gave a mortgage on the property to secure the loan, does not operate to destroy or waive the vendor’s lien, where no act or conduct of the vendor causes a waiver of his implied lien.</p>