Orme v. Roberts
Texas Supreme Court
■ Appeal from Bowie. Tried below before the Elon. A. H. Latimer. .This was a suit instituted in January, 1867, by the appellants against Henry Roberts, to recover some thirty-one hundred dollars and interest, alleged to be due from the defendant, by a note given in 1865, for the purchase money of a tract of land bought by him in 1857, from the plaintiffs. An enforcement of the vendor’s lien was prayed for..
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■ Appeal from Bowie. Tried below before the Elon. A. H. Latimer. .This was a suit instituted in January, 1867, by the appellants against Henry Roberts, to recover some thirty-one hundred dollars and interest, alleged to be due from the defendant, by a note given in 1865, for the purchase money of a tract of land bought by him in 1857, from the plaintiffs. An enforcement of the vendor’s lien was prayed for.. At the Pall term, 1868, W. E. Massenberg, one of the appellees, intervened in the suit, alleging that he was the owner of the land by purchase at execution sale made on the first Tuesday…
1Opinion of the CourtWalker, J.
In Briscoe against Bronaugh, 1 Texas 326, it ■ was held as follows:
“It is a doctrine of the civil law, and of the equity jurisprudence of the United States and England, that a vendor has a lien upon the thing sold for the purchase money, without any special agreement for that purpose.
“ The vendee holds in trust for the vendor until the purchase *772money is paid, and this trust attaches to the land or thing sold, and follows it into the hands of subsequent purchasers with notice. This equitable mortgage exists in every case of sale where the money is not paid, unless otherwise agreed by the…
2Cases cited2 opinions
- Ayres v. DupreyTexas Supreme Court · 1864
- Briscoe v. BronaughTexas Supreme Court · 1846
3Cited by11 opinions
- Grace v. Wade & MainsTexas Supreme Court · 1876
- Johnson v. DarrTexas Supreme Court · 1925
- Arlington Heights Realty Co. v. Citizens' Ry. & Light Co.Court of Appeals of Texas · 1913
- Delespine v. CampbellTexas Supreme Court · 1879
- Senter & Co. v. LambethTexas Supreme Court · 1888
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