Peters v. Clements

Citations

• 46 Tex. 114

Syllabus

<p>1. Notice.—The entry upon the records of deeds of an instrument not legally authenticated for record, has no effect as notice.</p> <p>2. Executed contract for substitute in the O. S. army.— Such contract, after performance, is effectual in support of payment under a plea of innocent purchaser.</p> <p>3. Vendor and vendee—Estates in each.—It has been settled, by a long train of decisions, that where the vendor retains in his deed a lien for the purchase-money, he has the superior right to the land against the vendee, and those in privity with him, as long as the purchase-money remains unpaid; until the land is paid for, the vendee, and those claiming in his right as against the vendor, have merely an equitable and not the legal title to the land.</p> <p>4. Notice—Recitals.—Subsequent purchasers are bound by the recitals in the deeds through which they claim, and are held to have had notice of whatever equities are apparent in the line of their title.</p> <p>5. Foreclosure of vendor’s lien.—Where the vendee is in default in the payment of the purchase-money, the vendor may sue for the land and recover it, unless the vendee make good his equitable title by payment; or he may foreclose his lien, and subject the land to sale for the payment of the purchase-money.</p> <p>6. Estoppel.—Where the vendor forecloses his lien, and a third party becomes the purchaser, the vendor is estopped from controverting the title, or from talcing advantage of any irregularities in the proceedings of foreclosure; and if necessary to tlie security of the purchaser, equity will subject him to the rights of the plaintiff or vendor.</p> <p>7. Separate property.—Where, at a sale enforcing the vendor’s lien in favor of the husband, the land was bid off by tlie agent of the husband, and the sheriff’s deed made to the wife by the direction of the husband, the amount of the bid being credited on the judgment, in a suit brought by the wife, joined by her husband, on such title,—tlie court will reg