Moore v. Culpepper

It is my opinion that our decision in the case of Costanza v. Costanza, 346 So.2d 1133 (Ala.1977), is controlling here. In Costanza, we held that:

[Wjhether the equitable grounds essential to give the “equitable lien” principle a field of operation are expressed in terms of “fraud,” “unclean hands,” “unjust enrichment” mere passive conduct on the part of. the party against whose interest the lien is sought is not sufficient.

Id., at 1136.

The only evidence that Moore’s actions were anything but passive was the oral agreement alleged by Culpepper to have been made. If the oral agreement is not…