Baumgarten v. Smith

Citations

• 37 Tex. 439

Syllabus

<p>1. A purchaser of land, who is in default of payment of the purchase-money, cannot dispute his vendor’s title, when sued hy the latter for possession of the land.</p> <p>2- A vendor of land whose purchase-money has not been fully paid in accordance with the terms of sale, may recover the land from the vendee, by an action of trespass to try title; but the vendee, it seems, may defeat the action by tendering the unpaid purchase-money.</p>