43 Minn. 473 | Minn. | 1890
This is an appeal by the plaintiffs from an order sustaining a demurrer to.the complaint. The facts set forth in the complaint may be briefly stated to be as follows: In-1877 the plaintiffs, who are husband and wife, owned the land which is the subject of this action, consisting of 160- acres, it being their farm. In that year they entered into an agreement with their son, the defendant Frederick Peters, Jr., for the sale and transfer to him of the farm, and certain valuable personal property, in consideration of a written agreement on his part which is fully set forth in the complaint. The general nature of this agreement of the son was in part for the support of the plaintiffs during their lives, the specific agreement being that he should pay to them yearly a stated sum of money; provide them with stated quantities of farm produce, the use of a cow, and of two sheep, as long as sheep should be kept on the farm; one-fourth of all the eggs produced on the farm; to provide a room for their occupancy; and to make certain provision for and payments to other persons named, in certain specified contingencies. In consideration
The plaintiffs seek such relief as might be had upon a vendor’s lien. It is indeed apparent that they have no remedy, as respects the land, unless it is to be considered that they enjoyed the equitable right of a vendor’s lien to secure the performance .of the agreement made for their support. The conveyance by deed from the plaintiffs having been absolute, without condition, and without fraud, the subsequent breach of the personal obligation of the grantee, which was the consideration for the conveyance, did not affect the title which had been thus effectually transferred. As to the validity and legal effect of the deed to the plaintiffs’ son, no question can arise. It is not alleged to,have been procured by any solicitation or undue infiu
But upon broader grounds we arrive at the same conclusion. It is in accordance with what is deemed to be the greater weight of authority that a vendor of real property is not entitled to an implied equitable lien to secure the performance of the consideration when that is of such a nature, as is that in this case, that the court cannot accurately ascertain and define the amount of the charge to be imposed upon the land and enforced out of it. Arlin v. Brown, 44 N. H. 102; Brawley v. Catron, 8 Leigh, 522; Hiscock v. Norton, 42 Mich. 320, (3 N. W. Rep. 868;) Clarke v. Royle, 3 Sim. 499; 1 Perry, Trusts, (4th Ed.) § 235; 2 Jones, Liens, § 1071. In Hammond v. Peyton, 34 Minn. 529, (27 N. W. Rep. 72,) it was shown that the tendency both of adjudication and of legislation was opposed to an extension of the doctrine of vendor’s lien beyond what 'might be regarded as the established rules of equity upon the subject; and reasons were there suggested why this policy of restriction, rather than of extension, should be pursued. Those reasons, and the principle of that decision, are applicable to affect the decision of this case. While there are some decisions which support the right of lien in similar cases, it is considered that the stronger current of an
Order affirmed.