Lawler v. Yeatman

Citations

• 37 Tex. 669

Syllabus

<p>On a note given for land, an ordinary action in personam was brought against the maker, in 1859. In 1866, the maker being then deceased and the suit being still pending, the land was set apart to his widow and infant child, as a homestead. In 1871, the plaintiff amended, asserting his vendor’s lien, and making the widow and child defendants to the suit. Held, that under this state of facts it must he presumed • that he had lost or waived his lien before he asserted it in his amended petition—especially as he had stood by, without claiming a lien, and permitted the land to he set apart to the widow and child.</p>