Christian v. Austin

Citations

• 36 Tex. 540

Syllabus

<p>1. A vendor’s lien is not waived by the taking of the vendee’s promissory note for the purchase-money of the land sold.</p> <p>2. If a vendor of land accepts from the vendee the notes of third parties, with the vendee’s indorsement of them, this, it seems, does not waive the vendor’s lien, especially if the makers of the notes were insolvent at the date of the indorsement. (The case of Insall v. Robson, 16 Texas, 128, quoted with approval.)</p> <p>8. It is assigned for error that the court below refused to give to the jury certain special instructions asked by the appellant. But the charge given to the jury is not brought up in the transcript, and this court is therefore unable to determine whether it was error to refuse the appellant’s instructions.</p>