Byler v. Johnson

Citations

• 45 Tex. 509

Syllabus

<p>1. Trespass to try title — Lis pendens — Notice.—When the plaintiff in trespass lo try title alleges the execution by his vendee of a deed to defendant, under which he went into possession, executed before the institution of a former suit by plaintiff against said vendee, to subject the land to the vendor’s lieu, and to which suit defendant was not a party, the exclusion of all evidence concerning the proceedings in said suit is not error.</p> <p>2. Notice — Sale—Land—Purchaser.—As against a purchaser from the vendee of whose claim there is notice, a sale, had under a decree of foreclosure against the original vendee alone, is ineffectual to pass title; it would be otherwise if the original vendee had executed a mortgage to secure the purchase-money at the time he received a deed ; in such case, the two instruments together would constitute an executory contract, and title would not pass until payment of purchase-money.</p>