State Ex Rel. Hamilton v. Williams

The instrument tendered for record is an assignment of a vendor’s lien. The deed which forms the basis for the lien was executed in March, 1925, and duly recorded, and, presumably, the mortgage tax due thereon has been paid.

A vendor’s lien is implied by law (Kyle v. Bellenger, 79 Ala. 516), and it is an equitable right to subject the land in equity to the payment of the purchase price (39 Cyc. pp. 1787, 1788). “After conveyance, the lien of the vendor is a mere equitable charge, without any estate in the lands, * * *=* a mere creation of equity.” Sykes v. Betts, 87 Ala. 537, 6 So. 428; Hester…