Mckinnon v. Johnson
| Citation | 45 So. 451,54 Fla. 538 |
| Parties | McKINNON v. JOHNSON. |
| Decision Date | 20 November 1907 |
| Court | United States State Supreme Court of Florida |
Rehearing Denied Dec. 17, 1907.
In Banc. Appeal from Circuit Court, Jackson County; Francis B Carter, Judge.
Bill by Alexander D. McKinnon against Seth Johnson, administrator of P. P. Johnson. Decree for defendant, and plaintiff appeals. Affirmed.
Syllabus by the Court
A grantor's lien is a right which the law by implication accords to the grantor of land, who has conveyed the title and reserved no lien, and has taken no security for the purchase money other than the personal obligation of the grantee, to subject the land in equity to the payment of the purchase money, when the rights of others are not injured and the circumstances and relations of the parties, with reference to the land conveyed, make it equitable to do so. The conveyance of the legal title to the vendee is essential to the existence of the grantor's lien.
The equitable lien for the purchase money which the law implies 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 valid contract has been made for the sale of real estate, and the vendee has taken possession of the land under the contract, the vendor, until actual conveyance of the title is in equity regarded as the holder of the legal title as security for the purchase price, which the vendee may pay and require a conveyance of the legal title as agreed. If the purchase price is not paid, equity may upon proper allegations and proofs decree a compliance with the contract or make such decree as the facts of the case may warrant.
Where a vendor is unable to make a good title as agreed, he cannot in general compel the vendee to observe the agreement.
It is incumbent upon the complainant to clearly and distinctly allege every fact necessary to entitle him to the relief sought; and every pleading is to be construed most strongly against the pleader.
A bill of complaint, which alleges a contract for the sale of land the possession of the land by the vendee and afterwards by the vendee's administrator, the failure to pay the purchase price, the neglect of the land, and failure to pay taxes thereon, and the depreciation of the property because of its neglect, is not sufficient to sustain a decree for the balance due on the purchase price, in the absence of some elements of equity, especially where there is no allegation of a tender of a good title.
D. L. McKinnon, for appellant.
Benj. S. Liddon, for appellee.
The original proceedings in this cause, begun in 1896, were reviewed here in Johnson v. McKinnon, 45 Fla. 388, 34 So. 272, where a statement of the case as originally made will be found. This court reversed the decree appealed from because the bill of complaint was found to be insufficient to sustain a decree giving a vendor's lien, and the cause was remanded. The original bill of complaint was amended, and a demurrer thereto for want of equity was overruled. After this the complainant dismissed the bill as to all the defendants except the administrator. Further proceedings were had, and the amended bill of complainant was dismissed on final hearing. An appeal was taken by the complainant, who assigns as error the decree dismissing the bill. Cross-errors are also assigned by the appellee, as administrator.
The amended bill of complaint alleges in brief that on February 27, 1893, Alexander D. McKinnon, the complainant, and P. P Johnson, agreed in writing that for $2,000 A. D. McKinnon would convey to P. P. Johnson certain described lands in Jackson county, Fla.; that $400 was paid, $1,000 was to be paid in horses in October or November, 1893, and $600 was to be paid January 1, 1894; that the vendor delivered possession of the land, subject to certain rights of ingress and egress as to a portion of the tillable land not later than December 1, 1893; that P. P. Johnson arranged with Mack Speights, one of the tenants, to take full charge of the place for Johnson; that complainant has had nothing to do with the place since December, 1893; that complainant is credibly informed and believes that said Mack Speights remained in charge of the place until Seth Johnson took charge, as administrator of said P. P. Johnson, in the early part of 1894; that before the deferred payments became due P. P. Johnson died in Alabama; that Seth Johnson duly qualified as his administrator, and by virtue of an order made by the county judge of Washington county, Fla., was as said administrator placed in possession and control of all the land in the state of Florida belonging to P. P. Johnson's estate, including the lands here involved; that defendants, except Caroline A. Johnson, are all of the...
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...54 Fla. 531, 45 So. 463, 127 Am. St. Rep. 149; Simmons v. Williford, 60 Fla. 359, 53 So. 452, Ann. Cas. 1912C, 735; McKinnon v. Johnson, 54 Fla. 538, 45 So. 451; Johnson v. McKinnon, 45 Fla. 388, 34 So. Smith v. Powell, 80 Fla. 166, 85 So. 654; McMillan v. Wiley, 45 Fla. 487, 33 So. 993; Be......
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... ... court said: 'The allegations of the pleas above referred ... to constituted a good defense to the action,' and quoted ... from McKinnon v. Johnson, 54 Fla. 538, 45 So. 451, ... 453, as follows: ... 'Where ... a vendor is unable to make a good title as agreed, he ... ...
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