Autrey v. Whitmore

Citations

• 31 Tex. 623

Syllabus

<p>It is recognized as a correct principle of law, that a vendor of real estate has an equitable lien thereon to secure the payment of the purchase-money, and this lien éxists against the vendee and all subsequent purchasers with notice, actual or constructive. (1 Tex., 329; 4 Tex., 13; 12 Tex., 13; Story’s Eq. Jur., secs. 1224-1230.)</p> <p>But as the administrator who sells the real estate of his intestate is required to take a mortgage upon the property sold to secure the payment of the purchase-money, if he fail to do so, although the fact of the note be recited in the deed, the vendor’s lien is not retained, and it cannot be enforced against a purchaser from the vendee.</p>