W. L. Robinson Co. v. Weathersby
W. L. Robinson Co. v. Weathersby
Opinion of the Court
delivered the opinión of the court.
Appellant fails to discriminate between the well-marked and well-defined distinction of the relations existing between vendor and vendee, where an absolute conveyance is made, and where only a bond for title, an executory contract, an agreement to convey upon the payment of the purchase money, is entered into. In the former instance — that is, where thé land is conveyed by deed — the vendee becomes the actual owner of the land; and, being the owner, he is entitled to the possession, and the vendor has no longer any title or estate
The fact that the bond for title was not recorded makes no difference. Possession of land under an unrecorded contract, whether executed or executory,' is equivalent, so far as notice to third persons is concerned, to the recording of the instrument; but the possession is notice of just exactly what the rights and obligations of the parties are as shown by the instrument — no more, no-less. It therefore follows that the Robinson Company had notice of the terms of the contract between the vendor and vendee, and therefore extended the credit toMcGehee, with the notice that the plaintiff had a lien on the products grown upon the land for the payment
In addition to this, the law is too well-settled in this state to require the citation of authorities that the landlord can enforce his lien for rent and supplies against a bona fide purchaser for value of the agricultural produce without notice of the landlord’s claim.
The lower court ruled correctly in sustaining the objection of the plaintiff, to the effect that the plaintiff "knew that the defendant was furnishing supplies to the “tenant, for two reasons: First, as hereinbefore stated, “the defendant was charged with the notice of the actual relations existing between the plaintiff and the tenant McGehee; but, in addition to that, there was surely no duty upon the part of the plaintiff to notify the defendant that the defendant was crediting McGehee at his (the defendant’s) own risk. The proposed evidence did not show that plaintiff intended, or that his conduct was reasonably calculated, to mislead defendant, or that ■defendant was misled by the action of plaintiff.
"We see no error in the record, and the case is affirmed.
Affirmed.
Reference
- Full Case Name
- W. L. Robinson Co. v. R. L. Weathersby
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Landlord and Tenant. Existence of relation. Bond for title. Rights of landlord. Lien on crops for rent. Equitable estoppel. Where the vendor of land executed a bond for title to the vendee, and put him in possession, the bond providing that the vendee should pay interest on the purchase money and that in case the purchase money was not paid promptly at maturity that the vendee should pay rent to an amount equal to the interest, on the vendee’s failure to pay the purchase money, the vendor thereby became landlord and had a right to collect rent to an amount equal to the interest. 2. Same. In such case the vendor as landlord can enforce a lien for rent and supplies against a bona fide purchaser for value of the crops raised by the tenant on the land and a failure of the vendor to notify one extending credit to the tenant in reliance on his. crops, did not estop the vendor from subjecting the crops to his lien as landlord, though the bond for title was not recorded. 3. Same. In such ease the possession of the tenant under the bond was notice of its contents and there was no duty on the part of the vendor, landlord, to notify the creditor that he was extending credit at his own risk to the tenant.