Rawles v. Perkey

Citations

• 50 Tex. 311

Syllabus

<p>1. Practice.—In a suit to enforce the vendor’s lien against the vendee and a subsequent purchaser, it is error to render judgment against sucli subsequent purchaser for any deficit after the sale of the land.</p> <p>2. Vendor’s lien—Bona-fide purchaser.— A purchaser without 'notice of a prior vendor’s lien, taking a deed and paying part of the , purchase-money, is a bona-fide purchaser to tlie extent of the purchase-money by him paid without notice.</p> <p>3. Vendor’s lien—Negotiable note as payment.—A negotiable note made by such purchaser, and which had been assigned, before maturity and before notice of the lien, in due course of trade, would he a payment, and be protected as against the prior lien.</p> <p>4. Assignment of negotiable note as collateral security.— Tlie assignment as collateral security of such note would appropriate tlie note to the extent necessary to discharge the debt for which it was assigned as collateral.</p> <p>5. Practice.—■Where such purchaser’s note so outstanding was also a lien upon tlie land, tlie proper practice would be (1) to ascertain tlie extent to which tlie note was owned'by the original vendee as the extent to which tlie original vendor liad a lien upon the land; (2) to allow a reasonable time within which said sum should be paid; and (3) order sale of the land on the non-payment of said sum within the time so fixed.</p> <p>G. Practice in Supreme Court.—This court will not reform a judgment, unless tlie record shows that the rights of all parties to tlie suit can be ascertained and protected.</p>