Morton v. Lowell

Citations

• 56 Tex. 643
• 1 Tex. L. R. 33
• 1882 Tex. LEXIS 76

Syllabus

<p>1. Sureties on claim bond — Bona fide purchasers.— The defendant in the trial of the right of property made a trust deed to certain land to his sureties on the claim bond, empowering the sale of the land in case he should fail to pay off or otherwise satisfy the bond at its maturity. Held,</p> <p>(1) When judgment was rendered against him and he faded to satisfy the bond, the contingency which authorized the sale of the land had happened.</p> <p>(2) Parties claiming under a superior outstanding title on the ground of want of notice of the trust, must, in order to defeat the trust deed, show themselves to have been bona fide purchasers without notice and for valuable consideration paid before such notice.</p> <p>(3) Where the evidence was that part of the consideration was paid before notice of the trust, but the amount so paid was not shown, it is insufficient to establish the defense of bona fide purchasers without notice.</p>