Arledge & Woodson v. T. J. Hail & Co.

Citations

• 54 Tex. 398
• 1881 Tex. LEXIS 39

Syllabus

<p>1. Vendor’s lien — Purchaser — Equity.—A. sold land to B., taking his notes for purchase money, but executing a deed which recited the payment of a full consideration. After the notes were barred by limitation, B. executed other notes for like amounts^ on which suit was brought to subject the land to their payment, against a purchaser at execution sale, under a judgment against B., 'obtained after the malting of the new notes. B. had been in possession from the date of his purchase, and the purchaser at execution sale had no notice of a claim for unpaid purchase money. Held—</p> <p>1, The sheriff’s deed vested the legal title to the land in the purchaser at execution sale.</p> <p>3. The holder of the new notes had no such equity as would defeat the legal title obtained by purchase at execution sale.</p>