Riggs v. Hanrick

Citations

• 59 Tex. 570
• 1883 Tex. LEXIS 228

Syllabus

<p>1. Deed — Executed contract.— Though a deed may recite that unpaid purchase money is secured by a note of the purchaser, yet if upon its face it purports to convey title, and there be no express reservation of a lien for the payment of the note, the contract of purchase is executed, and title passes to the purchaser.</p> <p>'2. Same.— If the purchaser dies more than four years after the maturity of such note, no action of the probate court approving the note as a valid claim against his estate can avail to defeat the plea of limitation afterwards set up by a vendee of the purchaser against the holder, who seeks the enforcement of a vendor’s lien.</p> <p>3. Same.— When a petition, seeking the enforcement of a vendor’s lien, presents such a state of facts as is above stated, exceptions thereto should be sustained.</p>