McCarty v. Moorer

Citations

• 50 Tex. 287

Syllabus

<p>1. Rescission of contract for sale of land—Equities.—While the vendor is entitled to the land sold on the failure of the vendee to comply with the contract of sale, it does not follow that he can oust the vendee without adjusting his equities under the contract.</p> <p>2. Same—Court should adjust and enforce equities.—Where, Upon adjusting the value of rents as against valuable improvements made by a vendee, there is a balance due the vendee on rescission of the contract of sale, it is the duty of the court to protect the vendee; and in the event that the vendor is insolvent, and the land not subject to forced sale when recovered, it was the duty of the court below to withhold a writ of possession until the plaintiff should pay such sum, or deposit the same with the clerk, to be paid to the vendee.</p>