Robertson v. Guerin

Citations

• 50 Tex. 317

Syllabus

<p>1. Fraud as a defense against a note for land.—Testimony in defense, in a suit on a promissory note given for lands, showing fraudulent representations by the vendor, are admissible against a holder of such note with notice of such fraud.</p> <p>2. Recitals.—Recitals in a deed are notice of the facts recited to all persons holding title under such deed.</p> <p>3. Same—Vendor’s lien—Change of security.—Although the unpaid balance recited as existing, afterwards assumed a different shape, a new note being given therefor to a different party, yet the rule is well settled that the lien and the notice thereof are unaffected by the change.</p> <p>4. Purchase-money notes.—The several purchase-money notes for the same tract of land and in the hands of different parties have equal rights to satisfaction out of the land.</p> <p>5. Same—Practice. — The holder of one of several purchase-money notes takes no advantage, by foreclosure of the vendor’s lien, as against the right of the holder of the other notes for foreclosure pro rata against the land.</p>