Pylant v. Reeves
Supreme Court of Alabama
Appeal from Chancery Court of Pike. Heard before Hon. H. Austill. Beeves, on his own credit, purchased land of Pylant, and executed a note for the purchase money. The legal title was in Pylant’s father, who, by agreement between the parties, conveyed the land to a trustee for Beeve’s wife. Beeves paid nearly the whole of the note, and finally took it up, giving a new note for the unpaid purchase money.
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Appeal from Chancery Court of Pike. Heard before Hon. H. Austill. Beeves, on his own credit, purchased land of Pylant, and executed a note for the purchase money. The legal title was in Pylant’s father, who, by agreement between the parties, conveyed the land to a trustee for Beeve’s wife. Beeves paid nearly the whole of the note, and finally took it up, giving a new note for the unpaid purchase money. This note not having been paid, Pylant filed his bill against Beeves, his wife, and the trustee, to enforce his vendor’s lien upon the land. Upon demurrer the chancellor dismissed the bill, and…
1Opinion of the CourtBrickell, C. J.
The lien of the vendor of real estate, for the purchase money, or any part thereof, which may remain unpaid, prevails against all persons but bona fide pur*134chasers for a valuable consideration without notice. It attaches without any special agreement for its existence, whether a convc3rance has been made or not. It has its foundation in the broad principle of equity, that it is unconscientious, to allow one who gets the estate of another to keep it without paying the consideration. The purchaser holds the legal title, if it has been conveyed, chargeable with a lien for the purchase money in…
2Cited by11 opinions
- Peeples v. StollaSupreme Court of Alabama · 1876
- Woodruff v. SatterfieldSupreme Court of Alabama · 1917
- Crampton v. PrinceSupreme Court of Alabama · 1887
- Mancill v. ThomasSupreme Court of Alabama · 1927
- Scott v. EdgarIndiana Supreme Court · 1902
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