Brown v. Christie

Citations

• 35 Tex. 689

Syllabus

<p>1. The vendor of land has a lien upon it for the payment of the purchase money, which lien exists hy operation of law, and without any agreement between the parties ; hut if the purchaser proves that the lien was not intended to he reserved, or that it was waived, or has heen released, the law will not presume a lien, to defeat the intention of the parties.</p> <p>2. The vendor may waive his lien hy taking personal security for the purchase money, or hy taking a chattel mortgage, an assignment of collaterals, or a mortgage on other real estate, as security therefor.</p>