McAlpine v. Burnett
Texas Supreme Court
Appeal from Harrison. • Tried below before the Hon. Charles A. Frazer. This was a suit by the appellants, to enforce the vendor’s lien, upon a house and lot in the town of Marshall.
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Appeal from Harrison. • Tried below before the Hon. Charles A. Frazer. This was a suit by the appellants, to enforce the vendor’s lien, upon a house and lot in the town of Marshall. The plaintiffs alleged in their petition, that they had recovered a judgment against the defendant, William H. Burnett, upon a note executed by him to Garlington C. Dial, for a part of the purchase-money for the lot in question; that Burnett had subsequently sold the lot to the other appellees, John E. Hamlett and Soloman Perry, and executed to them a deed therefor; but that they, at the time, knew that the…
1Opinion of the CourtRoberts, J.
It is well settled, that a vendor’s lien cannot be enforced against one holding title under the first vendee, by deed, provided the purchase has been made, and purchase-money has been paid before, or without notice, of the lien. (Mackreth v. Symmonds, 15 Ves. Rep. 336 ; 2 Sugden on Vend. 74.)
Where the deeds constituting the chain of title under which the last purchaser holds, show that the purchase-money has not been paid, as that one or more of the notes is not due, he will be held to have had notice of the lien; and where they do not, the notice may be otherwise established. (Irvine v.…
2Cited by20 opinions
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- Cordova v. HoodSupreme Court of the United States · 1873
- Hartel v. DishmanTexas Supreme Court · 1940
- The Texas Loan Agency v. TaylorTexas Supreme Court · 1895
- Turner v. CochranTexas Supreme Court · 1901
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