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· 10/26/1883

Hale v. Baker & Rice

Citations

  • 60 Tex. 217
  • 1883 Tex. LEXIS 305

Syllabus

<p>1. Limitation — Vendor’s lien.—A vendor, holding a purchase money note, for the payment of which a vendor’s lien was reserved in the deed, cannot enforce his lien by suit to recover the money after his note is barred by limitation. Still the superior title remains with the vendor, and the vendee cannot obtain absolute title until the purchase money is paid.</p> <p>2. Same.— If the vendor, under such circumstances, regain the possession, he cannot be evicted by trespass to try title, although the purchase money, as a debt, is barred by limitation.</p> <p>3. Same.— If the purchase money note be barred by limitation, and is secured by mortgage or deed of trust, its payment cannot be enforced.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining the trial court “is without further jurisdiction to proceed in the matter until the Chief Justice acts or until a special judge is designated”

Source: CourtListener parenthetical corpus (CC0).

Judges: App, Com, Walker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.