Van Sickle v. Keck

I am unable to concur in the opinion of the court. In my opinion this case falls in the class where the agreement for support of an aged person forms the basis of a lien on the property conveyed. The law applicable appears in Restatement of the Law of Restitution, p. 650, as follows:

Ҥ 161. Equitable Lien.

•' “Where property of one person can by a proceeding in equity be reached by another as security for a claim on the ground that otherwise the former would be unjustly enriched, an equitable lien arises.

“Comment:

“a. A court of equity may give restitution to the plaintiff and prevent the…