Houston v. Dickson

Citations

• 66 Tex. 79
• 1 S.W. 375
• 1886 Tex. LEXIS 447

Syllabus

<p>1. Vendor’s lien—How created—A vendor’s lien is given by the law when one person sells land to another on credit; it is not the result of agreement, nor of a mere secret intention.</p> <p>2. Same—Waiver—It may be waived by such facts as show that the seller relies on other security, or relinquishes the right to the lien created by the law, but the absence of knowledge that the law gives such a security, or a mere secret intention not to claim it, does not affect the right.</p> <p>3. Same—Notice—Promissory notes—M. purchased a tract of land from D. without notice of the existence of a note made by D. in part payment of the purchase money for the same tract; when informed of its existence he was still indebted to D. on a note for the purchase money in a sum in excess of the amount due on D.’s note, and agreed to make no settlement with D. until his (D.’s) note was paid. Held., The land would be subject to the vendor’s lien unless the note executed by M. was or might be in such a condition as to impose an absolute liability on M. to pay it to a third person. (Rawles v. Perkey, 50 Tex., 311.)</p> <p>4. Same—Title—Consideration—If the vendor has no valid right to or interest in the land which will pass to or vest in the vendee, he cannot claim a vendor’s lien to secure notes given in payment for it. (Palmer v. Chandler, 47 Tex., 335.)</p>