DeVenney v. Hill
Supreme Court of Alabama
918 So.2d 106 (2005)
Relevant factsFree
The DeVenneys (plaintiffs) accepted a portion of the purchase price for real property they sold to Eason in the form of postdated checks that were never honored, with Mrs. DeVenney acknowledging at closing that this arrangement was essentially a short-term loan to be repaid when the checks became cashable; after Eason assigned the sale contract to Hill and Thomas (defendants), the DeVenneys sued for breach of contract and separately asserted an implied vendor's lien that would take priority over a bank's mortgage lien, and the trial court denied the lien claim.
IssueFree
Whether a seller may waive his implied vendor's lien on real property.