Rice v. Soders
Texas Commission of Appeals
Appeal from Falls. Tried below before the Hon. D. M. Prendergast. On the 29th of July, 1874, the appellee, Malinda Soders, filed her suit against E. C. Stuart, administrator of S. S. Ward, deceased, alleging the execution of the notes sued on by S. S. Ward to her in consideration of one thousand two hundred and eighty acres of land described in her petition; the proof and presentation of the claim against the Ward estate, and its allowance and approval; the nonpayment of the…
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Appeal from Falls. Tried below before the Hon. D. M. Prendergast. On the 29th of July, 1874, the appellee, Malinda Soders, filed her suit against E. C. Stuart, administrator of S. S. Ward, deceased, alleging the execution of the notes sued on by S. S. Ward to her in consideration of one thousand two hundred and eighty acres of land described in her petition; the proof and presentation of the claim against the Ward estate, and its allowance and approval; the nonpayment of the notes, and that appellant Rice had acquired the “ equity of redemption ” of the land, and praying a foreclosure of her…
1Opinion of the CourtA. S. Walker, J.
The testimony was sufficient to show the lien as against Ward’s estate.
*618In considering the second assignment there has been some difficulty, owing to the inconsistent, if not contradictory, decisions, even in our own courts, upon the question.
The vendee taking a deed acknowledging on its face the payment of the purchase money is at least the holder of the apparent legal title against his own vendor, and whose vendee, without notice and for a valuable consideration paid, will take the title discharged of the lien or claim of the original vendor.
This legal title can only be attacked by the lien…
2Cases cited9 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Alstin v. CundiffTexas Supreme Court · 1880
- Johnson v. NewmanTexas Supreme Court · 1875
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Work v. BraytonIndiana Supreme Court · 1854
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