G. W. Tom & Wife v. Wollhoefer
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Everett Lewis. Appellants conveyed the land described in the pleadings to Ferd. Floege, and executed a deed, which retained a lien to secure deferred payments of purchase money. Floege mortgaged the land to Wollhoefer. Floege died, and, at the time of his death, he was insolvent, and owed a note given for the land to appellants for §6,400, due in 1885, interest payable annually, and one year’s interest was due and unpaid.
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Appeal from Gonzales. Tried below before the Hon. Everett Lewis. Appellants conveyed the land described in the pleadings to Ferd. Floege, and executed a deed, which retained a lien to secure deferred payments of purchase money. Floege mortgaged the land to Wollhoefer. Floege died, and, at the time of his death, he was insolvent, and owed a note given for the land to appellants for §6,400, due in 1885, interest payable annually, and one year’s interest was due and unpaid. Appellants requested Wollhoefer to take the land and assume the payment of the note, which Wollhoefer declined to do.…
1Opinion of the Court
Willie, Chief Justice.—
A vendor, by executory contract for the sale of lands, when default is made in paying the purchase money, has ordinarily the right to rescind the contract and recover the land, or convey it to a third party. Estes v. Browning, 11 Tex., 247; Scarborough v. Arrant, 25 Tex., 129; Secrest v. Jones, 21 Tex., 121.
Parties dealing with the vendee before his part of the contract has been complied with, do so with full knowledge of the vendor’s rights, and cannot ordinarily be heard to complain, if, by reason of a default on the part of the purchaser, their contracts with him are…
2Cases cited4 opinions
- Estes v. BrowningTexas Supreme Court · 1853
- Scarborough v. ArrantTexas Supreme Court · 1860
- Secrest v. JonesTexas Supreme Court · 1858
- Coddington v. WellsTexas Supreme Court · 1883
3Cited by51 opinions
- Humphreys-Mexia Co. v. GammonTexas Supreme Court · 1923
- Moore v. GieseckeTexas Supreme Court · 1890
- Johnson v. PortwoodTexas Supreme Court · 1896
- Pierce v. MoremanTexas Supreme Court · 1892
- Hill v. PrestonTexas Supreme Court · 1931
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