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· 4/15/1868

Houghton v. Marshall

Citations

  • 31 Tex. 196

Syllabus

<p>A purchaser, with notice, takes the rights of his vendor and no more, and if the vendor only held the equitable title in trust, the vendee likewise holds as trustee.</p> <p>Where a party is indebted for the balance of the consideration-money agreed to be paid for his homestead, and a judgment is rendered against him as a garnishee, the mere judgment does not discharge the indebtedness.</p> <p>Where the wife voluntarily joins her husband in a conveyance of the homestead, from that time it ceases to be the homestead. (Paschal’s Dig., Art. 1003, Note 427.)</p> <p>The vendees of the homestead stand in the same relation to the original vendor as the husband and wife who conveyed stood. And if there be a balance due, the vendee, upon discharging it, becomes the absolute owner.</p>

Judges: Morrill

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