Parker County v. Sewell
Texas Supreme Court
Error from Parker. Tried below before the Hon. Hat. M. Burford. This was a suit brought by Parker County against James H. Sewell, John H. Prince, and Gr. K. Elkin, to recover the amount of a note given by them to the plaintiff, as the consideration for the purchase by Sewell, of certain town lots belonging to the said County, and to enforce the vendor’s lien on the lots, which the plaintiff claimed to retain by virtue of the sale.
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Error from Parker. Tried below before the Hon. Hat. M. Burford. This was a suit brought by Parker County against James H. Sewell, John H. Prince, and Gr. K. Elkin, to recover the amount of a note given by them to the plaintiff, as the consideration for the purchase by Sewell, of certain town lots belonging to the said County, and to enforce the vendor’s lien on the lots, which the plaintiff claimed to retain by virtue of the sale. Prince and Elkin executed the note as the securities of Elkin. The note was given for the sum of $141, dated 24th of June, 1856, payable two years after date; suit…
1Opinion of the CourtBell, J.
The doctrine, that the vendor of land retains a tacit lien upon it, for the unpaid purchase-money, which lien, courts of equity will enforce against the vendee, and those claiming under him, with notice that the purchase-money remains unpaid, is well established in the jurisprudence of this country. But there has been much diversity of decision, both in the English and American courts, upon the question, what circumstances will amount to evidence of the waiver of the lien by the vendor. It would be an unprofitable labor to trace the history of this subject through all the cases. I shall,…
2Cited by16 opinions
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