Catlin v. Bennatt

Citations

• 47 Tex. 165

Syllabus

<p>1. Vendor and vendee—Trust and trustees—Lien.—A vendor o£ lands, who has executed his bond for title, on payment of the purchase-money, has placed the purchaser in possession, and has transferred or collected the notes for the purchase-money, retains the legal title simply as trustee, and has no interest in the land subject, to execution. His creditor, who attaches land in this condition, in which the debtor has no interest in fact, acquires no lieu, unless it be by virtue of the registration laws.</p> <p>2. Notice—Lien—Purchaser—Statutes construed.—Under the’ registration laws of this State, (Paschal’s Dig., arts. 4988, 4989,) unless title bonds are recorded, they are void as to creditors of the « vendor who acquire liens without notice, and as to subsequent purchasers without notice.</p> <p>3. Trespass to try title—Notice—Purchaser.—W sold land to P, giving a bond for title, and taking notes for purchase-money. The bond was never recorded. TV transferred the notes, and P went into possession, and by tenant was in possession, when an attachment, issued in a suit by C against TV, was levied on tlie land; under that attachment proceeding, the land was sold and C became the purchaser jointly with his attorney, S. Afterwards, suit was brought by the holder of the purchase-money notes against P, who died during its pendency. In that proceeding, judgment was obtained against P’s estate, the lien foreclosed, and land purchased by B at sale under the foreclosure. In trespass to try title, brought by O against B for the land: Held—</p> <p>1. Tlie failure to record the bond for title did not affect the validity of tlie title purchased by B at sale under foreclosure, in view of the fact that S, the attorney of O, who bought under the attachment proceeding, was familiar with tlie transaction between TV and P.</p> <p>2. B’s title was not affected by the fact that the inventory of P’s estate, returned before the inception of the attachment proceeding, contained no mention of