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>