Shaylor v. Cloud

Citations

• 63 Fla. 608

Syllabus

<p>1. A vendor’s lien upon land conveyed by him does not result from agreement, but it is a right given by implication of law and enforceable in equity where the vendor is entitled to it.</p> <p>2. Where land is conveyed and a note is taken for the purchase price without any collateral security or contract mortgage upon the property to secure the payment of the purchase price, the law by implication gives to the vendors a right in the nature of a lien upon the property for the purchase price, which right, if not waived or abandoned, may be enforced in equity at any time before the remedy by action on the note is barred by the statute of limitations.</p> <p>3. A vendor’s lien is a right created by law as an incident to the debt, and ceases to be available in equity when the debt , is not enforceable at law.</p> <p>4. Where in a suit to enforce a vendor’s implied lien it clearly appears by the specific allegations of the bill of complaint admitted by the demurrer, that the remedy for recovery of the debt for the purchase price of land conveyed, is barred by the statute of limitations, the vendor’s implied lien will not be enforced; and in the absence of other equities to sustain the • bill of complaint, it is subject to appropriate demurrer.</p>