Flanagan v. Cushman
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. A. J. Booty. December 6, 1870, at Henderson, in Rusk county, Webster Flanagan, H. M. Cushman, and C. T. Garland had the following transactions: Garland held a note on Cushman for a. tract of land on which was due $3,823.13 gold. This sum Flanagan furnished and paid to Garland, who at the time executed a deed for the land to Cushman.
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Appeal from Rusk. Tried below before the Hon. A. J. Booty. December 6, 1870, at Henderson, in Rusk county, Webster Flanagan, H. M. Cushman, and C. T. Garland had the following transactions: Garland held a note on Cushman for a. tract of land on which was due $3,823.13 gold. This sum Flanagan furnished and paid to Garland, who at the time executed a deed for the land to Cushman. Cushman, then residing upon the land with his family, executed his note to Flanagan for the money advanced, recognizing in the note that the vendor’s lien on his homestead existed, to secure the note; and executed a…
1Opinion of the Court
Moore, Associate Justice.
It cannot be questioned that it has been held by this court, from its first organization, that the vendor of land has an equitable lien upon it for the unpaid purchase-money, unless such lien has been expressly or impliedly waived or abandoned. (Briscoe v. Bronaugh, 1 Tex., 326.) It is said to be “ a natural equity that the land - shall stand charged with so much of the purchase-money as ” remains unpaid, without any special agreement to that effect. (Id.) It must also be now regarded as settled, in this State, that the transfer or assignment of the debt carries the…
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