Bynum v. Preston

Citations

• 69 Tex. 287
• 6 S.W. 428
• 1887 Tex. LEXIS 820

Syllabus

<p>1. Pleading. — The Supreme Court will not reverse a judgment overruling an exception to a petition which alleged the existence of a hen and that such lien was reserved in notes, attached to the petition as exhibits, when the exception is based on the giound that no such lien is reserved in the notes, if it shall appear from an inspection of the transcript that no such exhibits are contained in the record. The exception is disposed of by the general allegation that.the lien was reserved.</p> <p>2. Deed — Lien—Estoppel.—A deed was executed and delivered to the vendees conveying land, which deed referred to notes executed for the purchase money, but neither in the deed or notes was a lien reserved for their payment. But a small portion of the purchase money was paid, and the purchasers removed from the land and ceased possession. The vendor afterwards resumed possession, and after the purchase money notes, still unpaid, were barred by limitation, brought suit against the vendees alleging abandonment, and to cancel the deed as a cloud upon his title. Held, That the defendants were not estopped to set up their legal title to the land.</p> <p>3. Estoppel. — To constitute an estoppel, there must have been:</p> <p>(1) A false representation or concealment of material facts.</p> <p>(3) The representation must have been made with a knowledge of the facts.</p> <p>(3) The party to whom it was made must have been ignorant of the truth of the matter.</p> <p>(4) It must have been made with the intention that the other party should act upon it, and</p> <p>(5) The other party must have been induced to act on it.</p>