Henson v. Reed

Citations

• 71 Tex. 726
• 10 S.W. 522
• 1888 Tex. LEXIS 1216

Syllabus

<p>1. Subrogation—Vendor’s Lien—Henson bought on credit a tract of land from Shelby county. Before payment of the purchase money Henson sold a part of the land to Reed for a cash payment, and the further agreement that Reed should pay two-thirds of the indebtedness from Henson to the county. At request of Reed Henson paid one of the purchase money notes for the land to the county. By agreement among the parties, after the payment of this note, the bond of the county for the land to Henson, and Henson’s deed to Reed, were surrendered, and deeds were made by the county for Reed's part to him, and to Henson for the remainder of the tract. In suit by Henson for two-thirds of the purchase money paid by him at Reed’s request, held, (1) that Henson was Reed’s vendor, and that Reed’s obligation to pay the county was part of the purchase money or consideration. (2) That upon Henson paying the note he was subrogated to the right of the county to enforce its payment, and (3) Under the facts Henson was entitled to a decree establishing and foreclosing the vendor’s lien against the lands he sold to Reed, and for which the county had made the deed.</p>