Lundy v. Pierson

Citations

• 67 Tex. 233
• 2 S.W. 737
• 1887 Tex. LEXIS 855

Syllabus

<p>1. Purchase Money Lien.—The reservation of a purchase money lien in the notes given for land renders the sale executory in the same manner as if the reservation was contained in the deed itself, and leaves the contract of sale subject to rescission by the vendor at any time for the non-payment of purchase money.</p> <p>2. Registration—Notice—Purchaser.—The registration of a judgment in the county where the land sold under execution issuing under it is situate, when the judgment was rendered in another county, can not affect the rights of a purchaser from the judgment debtor which vested by deed made before the rendition of the judgment, although his deed was recorded in the county after registration of the judgment; provided, the purchaser at execution sale, who was the creditor and who credited his bid on the execution, knew or could have known (having been put on inquiry) that the judgment debtor had conveyed his title.</p> <p>3. Rescission of Executory Contract.—A judgment creditor who seeks satisfaction of his debt by the sale of land under execution which had been conveyed to the debtor by another under an executory contract which reserved a lien for unpaid purchase money, can not complain ttia the executory contract was in fraud of the creditors of the vendor, or question his right to rescind the executory contract in default of payment! of purchase money.</p> <p>4. Depositions.—The deposition of a witness written out by the officer taking them, and properly returned after being sworn to and subscribed by the witness, may be read in evidence, though the answers be literally the same used by the same witness in a former deposition, and which were in the handwriting of the party to the suit at whose instance they were taken.</p>