Perry v. Woodson

Citations

• 61 Tex. 228
• 1884 Tex. LEXIS 81

Syllabus

<p>1. Vendor’s lien.— A vendor of land afterwards accepted a purchase money note given by a third party, who had exchanged lands with his vendee, and which note was given to secure a balance due as excess of value of the land exchanged; this acceptance was in lieu of the vendee’s original note, and at the same time the lien was released on the tract sold by the original vendor. In a suit brought to enforce a vendor’s lien against the land, received in exchange by the original vendee, and in the alternative against the land which he exchanged, held:</p> <p>(1) That in the absence of an express waiver of lien the vendor could enforce his lien against the land which his vendee had received in the exchange of lands.</p> <p>(2; A judgment also against the original vendee was error.</p>