Carter v. Attoway

Citations

• 46 Tex. 108

Syllabus

<p>1. Foreclosure—Parties.—In a suit to euforce the vendor’s lien, a subsequent vendee, in possession, and claiming under a recorded deed, is a necessary party.</p> <p>2. Same—Sale.—As against a purchaser, of whose claim there is notice, a sale had under a decree of foreclosure against the original vendee alone, is not sufficient to pass title.</p> <p>3. Same.—Nor is it different where such purchaser knew, at his purchase, that the purchase-money, in whole or in part, was unpaid, and knew of the proceedings to enforce the lien.</p> <p>4. Practice.—The pleadings not admitting that the defendant held by purchase prior to the commencement of the suit to foreclose, it was not error to admit the decree and sale made under it, when offered as evidence of title.</p> <p>5. Foreclosure—Pleadings.—Where such purchaser, under decree of foreclosure, brought trespass to try title against a prior purchaser, the equities which the plaintiff had as against the land, by his owning the judgment, by virtue of his purchase of the land and payment of the judgment, cannot be litigated. By proper pleadings, the plaintiff can enforce his equities against the land.</p>