Burks v. Watson

Citations

• 48 Tex. 107

Syllabus

<p>1. Vendor’s lien—Practice.—A remote purchaser, in possession of land against which it is sought to enforce the vendor’s lien, is properly joined as defendant with the maker of the note sued on and secured by the lien. Being a party, he can defend by showing, if he can, that he is a purchaser without notice of the lien, and by urging whatever defense of law or fact the maker of the note could. He can also appeal or prosecute a writ of error, regardless of the acts of the maker of the note.</p> <p>2. Note payable on contingency.—A note payable on contingency, that lands, for which it is in part payment, should be recovered by the payee of the note, becomes payable upon the surrender of the land by the adverse claimant; and it does not affect the note, either as to its validity or its securities, that it was assigned to the adverse claimant in consideration of its release.</p> <p>3. General exceptions—Pleading.—In passing upon the sufficiency of the-petition, under general exceptions, it must be held by the court that everything is alleged properly which is embraced in the allegations made, upon a reasonable construction of their import, as aided or explained by that which appears in exhibits pertinent to the issues made.</p> <p>4. Exhibits.—The use and purpose of an exhibit is to set forth, in detail, that which is alleged in more general terms, or to embody in the record such facts as will, in legal effect, amount to the facts as alleged in the petition, or to aid the allegations in fixing more accurately and definitely their import; but not to supply the omission or allegations necessary to present a good cause of action.</p> <p>5. Vendor’s lien.—That an obligation for balance of purchase-money for land, payable on condition of the establishment of title against an adverse claimant, has been assigned to such adverse claimant in satisfaction of his claim, does not affect the lien, as upon the entire -interest in the land sold.</p> <p>6. Practice.—Where an agent co