Lynch v. Elkes
Texas Supreme Court
Error from Brazoria. Tried below before Hon. J. H. Bell. The plaintiff in error purchased a tract of land and gave her own and her husband’s two several notes for the purchase money, with a lien on the land, falling due at different times. The first note falling clue suit was commenced on it, and a judgment rendered on it against them and other endorsers, and a decree ordering a sale of the land to satisfy the lien.
1Opinion of the Court
Hemphill, Cii. J.
We are of opinion that there was no" error in decreeing the sale of the land for the satisfaction of the vendor’s lien. The payment of the purchase money of the land was by two distinct notes, and the vendor's lien on each was equivalent to a mortgage, subject to forfeiture on the failure to pay the notes or either of them. There was error however in a point not suggested by appellants, and that is in rendering any judgment against the wife except for the foreclosure of the lion upon the land. There was no proof that the land purchased was to be her separate property, and, if…
2Cited by17 opinions
- Douglass v. BlountTexas Supreme Court · 1902
- Austin, Commissioner v. StrongTexas Supreme Court · 1928
- Poe v. HallCourt of Appeals of Texas · 1922
- Rhodes v. GibbsTexas Supreme Court · 1873
- Billingsly v. Swenson Land CompanyCourt of Appeals of Texas · 1909
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