Moshier v. Meek

• Decision Date: 30 September 1875
• Citation: 80 Ill. 79,1875 WL 8709
• Parties: TIMOTHY MOSHIER, Admr.v.WILLIAM H. MEEK et al.
• Court: Illinois Supreme Court

80 Ill. 79

1875 WL 8709 (Ill.)

TIMOTHY MOSHIER, Admr.

v.WILLIAM H. MEEK et al.

Supreme Court of Illinois.

September Term, 1875.

APPEAL from the Circuit Court of Knox county; the Hon. ARTHUR A. SMITH, Judge, presiding.

This was a bill in equity, by Timothy Moshier, administrator of the estate of Daniel Meek, deceased, against William H. Meek, Eveline M. Meek, Jesse Weathers, and Zelotus Cooley, to enforce a vendor's lien. The opinion of the court states all the necessary facts of the case.

Messrs. LANPHERE & BROWN, for the appellant.

Messrs. WILLIAMS, MCKENZIE & CALKINS, for the appellees. Mr. JUSTICE WALKER delivered the opinion of the Court:

It appears that some time in February, 1866, one Daniel Meek owned, amongst others, a quarter section and the fourth of a quarter section of land, lying in Knox county, in this State; that on that day he and his wife, and one Dowdey and wife, who held the legal title of a portion of it for him, conveyed this two hundred acres to his son, Wm. H. Meek, and took from him three promissory notes, for $1000 each, payable, respectively, in one, two and three years, without interest. Soon after this conveyance, William went into possession, and has held the lands ever since.

The notes were never paid, and remained in the possession of Daniel Meek until his death, which occurred in March, 1873; that on the 16th of that month complainant was appointed administrator of the estate, and qualified as such. The notes not being paid, after his father's death, and before this bill was filed, William and his wife conveyed the lands to his father-in-law, for the expressed consideration of $5000, and took his notes therefor. William had previously mortgaged the premises to one Cooley, for $1200. Appellant filed a bill, in the Knox circuit court, to enforce a vendor's lien on the land, and made the mortgagee, the vendee, and William and his wife parties defendant, charging that the mortgagee and vendee took with full notice.

The defense was interposed, that the purchase was made in good faith and for value; but that was abandoned, and they relied on the defense that Daniel Meek took the notes simply as a form, and never intended to collect the money, and the land was intended as an advancement.

On a hearing below, the court refused to grant the relief sought, and dismissed the bill; and to reverse that decree complainant brings the record to this court on appeal, and assigns various errors.

A vendor's lien is given by equity, on the ground that it is, in the absence of proof to the contrary, supposed the vendor of lands does not intend to unconditionally part with the title to his land without security for the payment of the purchase money. Hence, equity has created a lien on the land in favor of the vendor, for the unpaid purchase money. And this lien, in...