Swain v. Cato
Texas Supreme Court
' Appeal from Hill. Trieu below before the Hon. F. P. Wood. The material facts, though stated only in a general way, are clearly disclosed in tiie opinion of the court, and a recital of them them in detail would serve no sensible purpose.
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' Appeal from Hill. Trieu below before the Hon. F. P. Wood. The material facts, though stated only in a general way, are clearly disclosed in tiie opinion of the court, and a recital of them them in detail would serve no sensible purpose. The appellant was defendant below, and at the trial asked the court to charge the jury that if any part of the note was given for other considerations than land, the vendor’s lien could he allowed only for the remaining portion which was given for land. The court below refused this instruction, and verdict and judgment, allowing the lien for the whole amount…
1Opinion of the CourtWalker, J.
This suit was brought in the district court by Cato against Swain, on a promissory note for $461 43. This note was due one day after date, and recites that it is given for real estate, and that a vendor’s Men is retained.
It appears, however, from the pleadings and the evidence, that the note recites a falsehood on its face, and.that it was only in part given for real estate, and in part for goods and money.
*398The vendor’s lien is a secret lien and one which stands solely upon the grounds of equity and good conscience. It need not be recorded, to give it the force and efficacy of a mortgage..…
2Cited by9 opinions
- Black v. RockmoreTexas Supreme Court · 1878
- Floyd v. HammondTexas Commission of Appeals · 1925
- Irvin v. GarnerTexas Supreme Court · 1878
- M. Kangerga & Bro. v. WillardCourt of Appeals of Texas · 1916
- McCauley v. HoltzIndiana Supreme Court · 1878
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