64 Ala. 230 | Ala. | 1879
It is rather difficult to ascertain from the allegations of the bill upon what precise ground it is intended to rest the right of the complainant to equitable relief. Any lien on the lands is excluded, because it appears affirmatively that the purchase-money had been fully paid to the administratrix, and a conveyance to the purchasers executed in pursuance of a decree of the Court of Probate, which is not impeached (if in this proceeding, or collaterally, it can be impeached), before the complainant acquired the claim against the purchasers which is now preferred. We say the fact of payment of the purchase-money affirmatively appears, because it is expressly stated that the conveyance was executed by the administratrix under the decree of the Court of Probate ; a decree which could not have been rendered, unless the purchase-money had been fully paid. The purchase-money being paid, the equitable lien of the vendor was extinguished; and it was incapable of being revived, whatever other equity could be created, by any subsequent transaction between the parties.