Bailey & Pond v. Tindall
Texas Supreme Court
Appeal from Eobertson. Tried below before the Hon. Spencer Ford. Suit by T. P. Tindall and wife to recover against E. W. Pierce $1,500, balance of the purchase money due them on a sale of a tract of land, and for the foreclosure of the vendor’s lien on two hundred acres of the same.
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Appeal from Eobertson. Tried below before the Hon. Spencer Ford. Suit by T. P. Tindall and wife to recover against E. W. Pierce $1,500, balance of the purchase money due them on a sale of a tract of land, and for the foreclosure of the vendor’s lien on two hundred acres of the same. The petition alleged that the sale was made the 3d of December, 1872. They filed a supplemental petition making G. M. Bailey and B. M. Pond parties defendant, alleging that they (the appellants) had purchased the two hundred acres of land on the 21st of January, 1875, under a trust deed executed to them by Pierce…
1Opinion of the Court
Walker, P. J. Com. App.—
The facts relied on in the special answer of Bailey & Pond were substantially proved. If Bailey & Pond, being the cestuis que trust in the deed of trust executed to them to secure their indebtedness from Pierce, were innocent purchasers for value, without notice of plaintiffs’ lien, undoubtedly they are entitled to be protected against it. The deed to Pierce from plaintiffs was an absolute conveyance of the land, and acknowledged the payment of the consideration. “ It is well settled that a vendor’s lien cannot be enforced against one holding title under the first…
2Cases cited3 opinions
- Ayres v. DupreyTexas Supreme Court · 1864
- Ellis v. SingletaryTexas Supreme Court · 1876
- Sheppard v. HarrisonTexas Supreme Court · 1880
3Cited by4 opinions
- Sabinal Nat. Bank v. CunninghamCourt of Appeals of Texas · 1923
- Hamilton-Brown Shoe Co. v. LewisCourt of Appeals of Texas · 1894
- First National Bank v. Western Mortgage & Investment Co.Court of Appeals of Texas · 1894
- McLane v. D. Sullivan & Co.Court of Appeals of Texas · 1902