Faver v. Robinson

Citations

• 46 Tex. 204

Syllabus

<p>1. Variance—Idem sonans.—A petition, citation, and service on John B. Favers will not support a judgment by default against John B. Faver.</p> <p>2. Vendor’s lien—Pleading.—A petition alleging the execution of a promissory note by the vendee and others, for the purchase-money of land, is insufficient to support a judgment enforcing the vendor’s lien against such land.</p> <p>3. Same—Waiver.—where the vendor of land takes a distinct and independent security, either of property or of the responsibility of third persons, he will be considered to have waived the lien which equity infers from the sale on credit, unless it appears that he reposed as well upon the lien as upon such other security.</p> <p>-1. Same—Pleading.—Where the lien is claimed in addition to such other security, it must be alleged and proved that the lien was not waived by the taking of such other security.</p> <p>5. Distinguished from Cartwright v. Chabert, 3 Tex., 261, and Tryon v. Butler, 9 Tex., 553.</p>