Robinson v. McWhirter

Citations

• 52 Tex. 201
• 1879 Tex. LEXIS 130

Syllabus

<p>1. Lien fob purchase-money.—A lien secured by deed of trust for the payment of a purchase-money note, given in discharge of another purchase-money note due a remote vendor, which was itself a lien on the land, is superior to the implied equitable lien in favor of another purchase-money note not thus secured, but which was executed at the same time for another portion of the purchase-money.</p> <p>2. Liens, comparative dignity of.—A lien will not be enforced which equity infers from the silence of the parties, and their failure to make any stipulation for the security of part of the purchase-money, if its enforcement would operate to alter or lessen the security which has been stipulated for in reference to another portion of the purchase-money.</p> <p>3. Parties.—See statement of case for facts under which the wife was not a necessary party.</p>