Sanders v. Moore

• Decision Date: 11 January 1890
• Citation: 12 S.W. 783
• Parties: SANDERS <I>et ux.</I> <I>v.</I> MOORE.
• Court: Arkansas Supreme Court

Page 783

12 S.W. 783

SANDERS et ux.v.

MOORE.

Supreme Court of Arkansas.

January 11, 1890.

Appeal from circuit court, Phillips county; M. T. SANDERS, Judge.

This is a suit by Henry Sanders and wife against John J. Moore, administrator of W. A. Humphries, to enforce a vendor's lien. The complaint states that in 1867 John Cliff, the father of the plaintiff Mrs. Sanders, died, leaving her then a minor, and his heir; being at the time of his death the owner and in possession of certain lands. That one Woodall was appointed administrator, and sold said lands, under the order of the probate court, to one J. W. Humphries, who went into possession. Four hundred dollars was paid in cash, and the remainder upon a credit; the last payment, of $400, falling due January 1, 1871. That no deed was executed, but only a certificate agreeing to make the deed upon payment of the purchase money. That for said last payment, of $400, Humphries executed his note. That Woodall has since died, and one Ballou was appointed administrator de bonis non. That on February 22, 1872, the administrator de bonis non executed a deed to Humphries, falsely reciting the payment of the purchase money. That in 1873 Humphries died, leaving the defendant his heir, who has been in possession of the land ever since. That Ballon has since died, and the purchase-money note referred to was filed among his papers. Said note is also in the list of the assets filed by Ballou with his settlements in 1873 and 1876, which latter settlement showed Ballou to be indebted to the estate in the sum of $723. That Humphries procured the execution of the deed by promising to pay the note within a specified time, but died before that time, requesting the defendant, upon his death-bed, to pay off the debt, and thus secure a home. That at the time of the sale of the lands Mrs. Sanders was a minor, and has only learned of the making of the deed since the death of Ballou. That Ballou and his sureties are insolvent, and there are no debts due by the estate of Cliff. They therefore pray for the enforcement of their vendor's lien. The defendant answered — First. Denying that he had promised to pay to plaintiffs anything, or was indebted to them. Second. He denied that he was the owner of the land, and stated that the heirs of W. A. Humphries had conveyed away their equity of redemption from a tax-sale to the tax-purchaser. Third. That the debt that was due from W. A. Humphries was a personal obligation, and that the vendor's lien had been waived by taking personal security, or in some other way. Fourth. That the last request of his father imposed no legal obligation upon him, and he declined to state what it was. Fifth. He pleads the statutes of limitations. Sixth. He denies that he owns the land, or has any interest in it. Seventh. He demurs to the bill for want of equity, and because the representatives of...