Norris v. Ennis

Citations

• 60 Tex. 83
• 1883 Tex. LEXIS 268

Syllabus

<p>1. Outstanding title — Purchaser — Fraud.—The rule that a purchaser of land, in possession thereof under a deed with covenant of warranty, cannot resist the payment of a purchase money note without showing that the title has failed in whole or in part, and an eviction, or that he is liable to eviction, by a superior outstanding title of which he had no notice when he purchased, is subject to the following exception, viz,: If the acceptance of the deed was induced by the fraud of the vendor, the vendee is not compelled to await an actual eviction, as where the purchase was induced by the representation that a deed conveying a superior outstanding title was a forgery, and the vendor falsely represented himself as solvent and able to respond on his warranty. In such a case the vendee may offset the note with the amount necessarily paid to purchase the superior outstanding title.</p>