Autrey v. Whitmore
Texas Supreme Court
Error from Lavaca. The case was tried before Hon. Samuel A. White, one of the district judges. Autrey, as administrator of Byres, brought suit against East on a promissory note executed by East and A. W. Searcy to Autrey, dated February 5, 1861, at twelve months after date, for $1,000, the same being the purchase-money of a tract of land bought by W. A. East of Autrey, as administrator of A. Byres, deceased, and more accurately described in a deed bearing even date with the…
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Error from Lavaca. The case was tried before Hon. Samuel A. White, one of the district judges. Autrey, as administrator of Byres, brought suit against East on a promissory note executed by East and A. W. Searcy to Autrey, dated February 5, 1861, at twelve months after date, for $1,000, the same being the purchase-money of a tract of land bought by W. A. East of Autrey, as administrator of A. Byres, deceased, and more accurately described in a deed bearing even date with the note executed by Autrey to East, on which note was a credit of $530, March 21,1862. The note was as follows: “$1,000.…
1Opinion of the CourtCaldwell, J.
—It is recognized as a correct principle of law, that a vendor of real estate has an equitable lien thereon, to secure the payment of the purchase-money, and this lien exists against the vendor and all subsequent purchasers with notice, actual or constructive. (1 Tex., 329; 4 Tex., 13; 12 Tex., 13; Story’s Eq., §1216-1226.)
This is the doctrine of courts of equity. Its origin dates back beyond the system of registration, now so universal in this country, and it may be safely said, that the reasons which gave rise to it no longer exist. Hence it is that some of our most eminent jurists, while…
2Cases cited1 opinion
- Mays v. HoganTexas Supreme Court · 1849