LINCOLN COUNTY

v.

CITY OF BROOKHAVEN

Citator

Cited By

• Special Tax Sch. Dist. No. 1 of Orange Cnty. v. Hillman, 131 Fla. 725 (Fla. 1938)
  …A vendor’s lien is a creature of equity, a lien implied to belong to a vendor for the unpaid purchase price of land, where he has not taken any other lien or security beyond the personal obligation of the purchaser. Rewis v. Williamson, 51 Fla. 529, 41 So. 449; Bowen v. Grace, 64 Fla. 28, 59 So. 563; De Long v. Marshall, 66 Fla. 410, 63 So. 723; Johns v. Seeley, 94 Fla. 851; 114 So. 452. The lien does not result from agreement, but is given by implication of law, as an incident to the debt, and is enforce…
• Golden v. Davey L. Woodward, Jr., 15 So. 3d 664 (Fla. 1st DCA 2009)
  …er.” Special Tax Sch. Dist. No. 1 of Orange County v. Hill-man, 131 Fla. 725, 179 So. 805, 809 (1938); see Bowen v. Grace, 64 Fla. 28, 59 So. 563, 564 (1912); McKinnon v. Johnson, 54 Fla. 538, 45 So. 451, 452 (1907); Rems v. Williamson, 51 Fla. 529, 41 So. 449, 450-51 (1906). “The lien does not result from agreement, but is given by implication of law, as an incident to the debt, and is enforceable in equity where the vendor is entitled to it.” Hillman, 179 So. at 809. Florida courts have recognized that…
• John Bowen & the First Nat'l Bank of Graceville v. Grace, 64 Fla. 28 (Fla. 1912)
  …South. Rep. 451; S. C. 45 Fla. 388. A subsequent purchaser with notice of a vendor’s implied lien, or of facts that in law create such a lien, takes the land subject to the prior equity of the original vendor. See Rewis v. Williamson, 51 Fla. 529, 41 South. Rep. 449; 2 Warvell on Vendors (2nd. ed.) Sec. 680. As the sufficiency of the allegations of the bill of complaint were not duly tested, all reasonable intendments will, after final decree, be indulged in support of the pleading. N. A. Ac. I. Co. v. Morelan…