Masterson v. Cohen

Citations

• 46 Tex. 520

Syllabus

<p>1. Trespass to try title—Purchaser—Vendor and vendee.— A purchaser of land at a trust sale, made under a deed of trust, which was executed by one, the recorded deed to whom retained in terms a lien for the purchase-money notes, which were never paid, does not, acquire such a right as will enable him to maintain trespass to try title against one, who is in possession for a valuable consideration, under the administrator of the original vendor.</p> <p>2. Approved.—Dunlap v. Wright, 11 Tex., 603, approved.</p> <p>3. Vendor and vendee—Land.—When a deed is made reserving in terms alien for the purchase-money, to be paid as specified, in notes given for the land, the vendor has the superior right to the land and to its possession, on default made by the vendee in payment of the notes.</p> <p>4. Land—Purchaser—Vendor and vendee—Subrogation.—B sold land to 0, reserving, in the deed made by him, a lien for the purchase-money, to be paid, as specified, in notes given therefor. The notes were never paid; B died, and 0 conveyed the land to K, who was B’s administrator, receiving in payment his own notes, given to B, and making a deed to K : Held,</p> <p>1. The conveyance from C to K, and the delivery to 0 of the notes for the purchase-money, conferred upon 0 no greater estate than he originally acquired by his deed, nor did it diminish the right of the estate, or of any one legally holding under it.</p> <p>2. Though the notes were delivered up and canceled, the consideration of the deed to C, the payment of which could alone pass the legal title by virtue of said deed, was not, in fact, paid to the estate.</p> <p>3. A sale under a deed of trust, executed by C, before his surrender of the notes, was not affected by said surrender, and the deed made by C to the administrator; but the purchaser at the trust sale, upon paying the original purchase-money due from C, would be entitled to recover the land.</p> <p>5. Although the vendor's lien may be absolute, yet if a mortgage for