Norris v. Ennis
Texas Supreme Court
Error from Johnson. Tried below before the Hon. D. M. Prendergast. On January 14, 1873, Ennis and wife brought suit against Norris on a note for $180, and sought a foreclosure of a vendor’s lien upon the land described. By supplemental petition they set up another note and claimed that it was also given for the land, and pray foreclosure of the lien secured by that note.
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Error from Johnson. Tried below before the Hon. D. M. Prendergast. On January 14, 1873, Ennis and wife brought suit against Norris on a note for $180, and sought a foreclosure of a vendor’s lien upon the land described. By supplemental petition they set up another note and claimed that it was also given for the land, and pray foreclosure of the lien secured by that note. Norris defended upon the ground that at the time he purchased the land the defendants in error informed him that there was a deed on record to one Bowden for the land, but that it was a forgery; that he relied upon that…
1Opinion of the Court
Watts, J. Com. App.
As a general rule, where a purchaser takes land with notice of defects in the title, and accepts a deed with general warranty, he cannot resist the payment of the purchase money on the ground that there is a superior title in another to that ac*85quired by him, and that he is in danger of eviction from that source. Brock v. Southwick, 10 Tex., 65; Cooper v. Singleton, 19 Tex., 265; Price v. Blount, 41 Tex., 475.
In the last case the doctrine is thus stated by Justice Beeves: “ Where the purchaser holds under an executed contract, as a deed with warranty, he cannot resist the…
2Cases cited3 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Brock v. SouthwickTexas Supreme Court · 1853
- Price v. BlountTexas Supreme Court · 1874
3Cited by4 opinions
- Fordtran v. CunninghamCourt of Appeals of Texas · 1915
- Files v. SpencerCourt of Appeals of Texas · 1933
- Brophy v. LittleCourt of Appeals of Texas · 1934
- Thornton v. RossCourt of Appeals of Texas · 1923