Burroughs v. Burroughs
| Decision Date | 18 November 1909 |
| Citation | 50 So. 1025,164 Ala. 329 |
| Parties | BURROUGHS v. BURROUGHS. |
| Court | Alabama Supreme Court |
Appeal from Tuscaloosa County Court; H. B. Foster, Judge.
Suit by Martha C. Burroughs against James B. Burroughs. Decree for complainant, and defendant appeals. Reversed and rendered.
Oliver Verner & Rice, for appellant.
Daniel Collier, for appellee.
The decree appealed from declared, and directed the enforcement of, a vendor's lien as prayed in complainant's (appellee's) bill. The bill, in paragraph 4, expressly alleges that the consideration for the conveyance of her land, by complainant to J. B. Burroughs, "was that Burroughs should support and maintain the complainant for the balance of her life; that the support and maintenance of the complainant for the period of her natural life was and is the agreed purchase price for the said lands"; or that the consideration was that Burroughs should furnish reasonable amount necessary to her support during her life. The bill, in the cited paragraph, pointedly alleges that the sum recited in the deed exhibited with the bill, viz., $150, was not the consideration for the conveyance and that it never was paid. Following the first stated averments, the true consideration for the conveyance is alleged as quoted above. Accordingly the cause must be considered without reference to the argued inquiry, based on one of the principles treated in Hooper v. S. & M. R. R. Co., 69 Ala. 529, whether a vendor's lien arises where the promise or covenant of the grantee has, by agreement of the parties, a fixed, certain monetary substitute, to be effective upon the contingency of a failure of the grantee to perform as he covenanted or agreed to do. There being no allegations in the bill on which to predicate the application of the principle mentioned, a decree rested on the principle cannot be sustained. Much of the argument of the solicitors in the cause becomes inapt on the state of the pleading here.
The question, then, is: Has a grantor a lien upon the subject of the sale and conveyance, when the sole consideration therefor is the agreement of the grantee to care for and support the grantor during life? We think there can be no doubt that one essential condition to the creation of a vendor's lien is that there is a definite, "ascertained, absolute debt owing alone for the purchase price of the land conveyed;" on the contrary, that no such lien arises where...
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First Nat. Bank v. McIntosh
... ... daughter, in consideration of personal care, ministration, ... and support of old and dependent parents ... In ... Burroughs v. Burroughs, 164 Ala. 329, 50 So. 1025, ... 28 L.R.A. (N.S.) 627, 137 Am.St.Rep. 59, 20 Ann.Cas. 926, ... there was no condition subsequent ... ...
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Russell v. Carver
... ... 66), and in several jurisdictions this path is followed; but ... that remedy has been denied in this state by the decision in ... Burroughs v. Burroughs, 164 Ala. 329, 50 So. 1025, ... 28 L. R. A. (N. S.) 607, 137 Am. St. Rep. 59, 20 Ann. Cas ... [94 So. 129] Gardner v. Knight, 124 ... ...
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Sims v. City of Birmingham
...such lien arises where the consideration for the conveyance is an uncertain, indefinite, contingent demand.' Burroughs v. Burroughs, 164 Ala. 329, 50 So. 1025, 20 L.R.A.,N.S., 607. We agree of course that a vendor's lien does not exist unless there is 'a debt due to the complainant, contrac......
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Woodley v. Woodley
... ... remedy was on the undertaking and not by way of cancellation ... In ... Burroughs v. Burroughs, 164 Ala. 329, 50 So. 1025, ... 137 Am.St.Rep. 59, 20 Ann.Cas. 926, the deed recited a ... consideration of $150; but the bill to ... ...