Beard v. Blum

Citations

• 64 Tex. 59

Syllabus

<p>1. Homestead — Equity.— One embarrassed by debt conveyed by deed his homestead on a secret trust that it should be reconveyed, and continued to occupy it as a homestead, until after it was sold under execution against the vendor on a judgment rendered after the deed was made and under which appellee, the execution purchaser, claimed. The judgment was rendered on a debt contracted after the execution of the deed. When the deed was made, the ostensible purchaser, who was to hold the property in trust to reconvey it, executed to the vendor his promissory notes, which were to be surrendered on a reconveyance, but which were after maturity transferred by such vendor to the appellant. These notes were by appellant afterwards surrendered to the secret trustee in consideration of a deed to the property which he made to appellant. In a suit by appellee, claiming under the execution sale, held:</p> <p>(1) By the assignment of the notes, the original owner of the homestead evidenced his consent that the agreement between himself and the secret trustee, and the assignee, should be carried out for the benefit of the assignee, and the original vendor was thereby estopped from denying the rights of the assignee, under the deed made to him by the secret trustee.</p> <p>(2) The property being the homestead, the transaction was not one of which the creditors of the original vendor could complain, as to the secret trust, and notice of such secret trust on the part of the assignee of the notes could not affect the title conveyed to him by deed on their surrender.</p> <p>(3) No title passed to the appellee who purchased at execution sale, the property remaining the homestead of the judgment debtor. Nor did that judgment against him which ordered a sale of the property operate as a bar to the assertion of the homestead rights of the vendor, by any one claiming it under him.</p> <p>(4) The transfer of the notes, and the subsequent deed made to the assignee on their cancellation, vested