Catlin v. Bennatt
Texas Supreme Court
Error from Austin. ' Tried below before the Hon. Livingston Lindsay. . . This suit was brought in trespass to try title by J.'H. Gatlin against parties in possession. Bennatt, who claimed that the defendants were his tenants, was made a party defendant, a,nd pleaded not guilty, the statute of limitations, and suggested improvements made in good faith.
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Error from Austin. ' Tried below before the Hon. Livingston Lindsay. . . This suit was brought in trespass to try title by J.'H. Gatlin against parties in possession. Bennatt, who claimed that the defendants were his tenants, was made a party defendant, a,nd pleaded not guilty, the statute of limitations, and suggested improvements made in good faith. Both parties claimed title from Thomas B. White, the defendant, under a sale made by said White to J. P. Perkins, on the 25th of October, 1859. Perkins executed several .notes for the purchase-money, and White gave bond for title, a vendors’…
1Opinion of the Court
Gould, Associate Justice.
A vendor of lands, who has executed his bond for title, on payment of the purchase-money, has placed the purchaser in possession, and has transferred or collected the notes for the purchase-money, retains the legal title simply as trustee, and has no interest in the land subject to execution. His creditor, who attaches land in this condition, in which, in fact, the debtor has no interest, acquires no lien, unless it be by virtue of the registration laws. (Blankenship v. Douglas, 26 Tex., 228; Freem. on Judg., sec. 366.) By that law, unless title bonds are recorded,…
2Cases cited3 opinions
- Ayres v. DupreyTexas Supreme Court · 1864
- Grace v. Wade & MainsTexas Supreme Court · 1876
- Blankenship v. DouglasTexas Supreme Court · 1862
3Cited by21 opinions
- Moore v. SnowballTexas Supreme Court · 1904
- Johnson v. DarrTexas Supreme Court · 1925
- Frankland v. CassadayTexas Supreme Court · 1884
- Ives v. CultonCourt of Appeals of Texas · 1917
- Missouri, K. & T. Ry Co. of Texas v. WoodCourt of Appeals of Texas · 1912
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