Orme v. Roberts

Citations

• 33 Tex. 768

Syllabus

<p>1. In this case the court cites and approves the rulings in Briscoe v. Bi-onaugh (1 Texas, 32(5) relating to the vendor’s lien, constructive notice and Its pendens.</p> <p>2. A purchaser of land at sheriff s sale, who bought for the purpose of securing a pre-existing judgment in his own favor, and who paid for the land by a credit of his bid upon his judgment, is not a bona fide purchaser for value, in legal contemplation, inasmuch as he parts with no consideration on the faith of bis purchase. Blankenship v. Douglas (26 Texas, 225) and Ayres v. Duprey (27 Texas, 594)-cited and approved in this connection.</p> <p>3. The fact that such a purchaser had not, at the time his judgment was obtained, any notice, actual or constructive, that his debtor had not paid for the land, will not, it seems, -enable him to resist the enforcement of the vendor’s lien against the land ; and this, notwithstanding that the holder of the lien had made an absolute conveyance cf the land in fee to the judgment debtor, without reservation of his lien. But it is to be noted that suit for enforcement of the lien was pending at the time the execution sale was made, and actual notice of the lien was given on the day of sale. •</p>