Haralson v. Langford

Citations

• 66 Tex. 111
• 18 S.W. 339
• 1886 Tex. LEXIS 457

Syllabus

<p>1. Vendor’s lien—Defence—Failure of title—A vendee of land under an executed contract cannot remain in possession and successfully defend against a suit fotr the purchase money without establishing beyond doubt that the title is a failure in whole or in part ; that there is danger of eviction, and such circumstances as would, prima facie, repel the presumption that at the time of the purchase he knew and intended to run the risk of the defect. (Authorities cited.)</p> <p>2. Same—Allegations—See opinion and facts for allegations held insufficient to set up such a defence.</p> <p>3. Same—Outstanding title—It is not sufficient for the vendee to show that an outstanding title at one time existed in a third party ; he must also show that it has not passed to his vendor.</p> <p>4. Same—Equity—See opinion and facts for an answer asking equity and not offering to do equity.</p>