Bryan v. More

• Decision Date: 01 April 1931
• Citation: 101 Fla. 31,133 So. 338
• Parties: BRYAN et ux. v. MORE et al.
• Court: Florida Supreme Court

133 So. 338

101 Fla. 31

BRYAN et ux. v. MORE et al.

Florida Supreme Court, Division B.

April 1, 1931

Suit by Leslie R. More and another against Nathan C. Bryan and wife. From an adverse decree, defendants appeal.

Reversed.

Syllabus by the Court.

SYLLABUS

The equitable lien for the purchase money which the law implied in the absence of an express lien or other remedy is for the benefit of the grantor of land, and it may be waived. Such waiver may be expressly made, or it may be inferred from facts and circumstances. Any conduct on the part of the grantor tending to show that he does not rely solely upon the legal implication in his favor may operate as a waiver of the grantor's lien.

Where a vendor takes no security except promissory notes for the unpaid purchase price of land, but conveys the same to a third party at vendee's direction in order that such third party may mortgage it to erect a building, and subsequent to such transaction said third party conveyed the property to another who took conveyance of the property for a valuable consideration without notice of any claim on the part of the vendor to a lien on the property for his unpaid purchase money, and without notice of any fact which would have given the vendor such a lien against the land so conveyed, such vendor will be deemed to have waived his vendor's lien as against the person who took title for a valuable consideration as hereinbefore stated.

Appeal from Circuit Court, Polk County; Harry G Taylor, judge.

COUNSEL

Akerman & Akerman and Claude L. Gray, all of Orlando, for appellants.

Huffaker & Edwards, of Bartow, for appellees.

OPINION

DAVIS J.

Appellees as complainants in the court below, obtained a decree of foreclosure of a vendor's lien against the appellants who took title to the property involved from Ridge Properties, Inc., to which title was conveyed at the direction of the original purchaser, Eugene C. Bryan, who was deceased when the bill was filed.

It is shown that when the transaction between Eugene C. Bryan and the vendor, Leslie R. More, took place, no security was taken for the unpaid portion of the purchase price, but that the purchaser, Eugene C. Bryan, gave the complainant, as evidence of such purchase price, promissory notes aggregating $3,800 and that at the purchaser's direction the vendor made a deed to the property direct to Ridge Properties, Inc., which is alleged to have been a corporation largely controlled and directed by the purchaser.

The appellants here, Nathan C. Bryan and Annie B. Bryan, claim that they purchased the property concerning which the vendor's lien is claimed, from ...