Brooks v. Young

Citations

• 60 Tex. 32
• 1883 Tex. LEXIS 254

Syllabus

<p>1. Homestead — Vendor’s lien.— The cancellation, by agreement of parties, of a deed made by husband and wife, which had conveyed the absolute title to the homestead, and had declared the amount of unpaid purchase money, without express reservation of a vendor’s lien, cannot reinvest the husband and wife with such homestead rights in the land as will prevent it from being subjected to forced sale to satisfy notes for the unpaid purchase money in the hands of one who acquired them before cancellation of the deed. The vendor’s lien having once attached, the land can be subjected to sale to satisfy it, at the suit of such'owner of the claim for purchase money, though new notes may be taken for the amount, without regard to the wife’s assent to such change.</p>