Roosevelt v. Davis

Citations

• 49 Tex. 463

Syllabus

<p>1. Vendor and vendee.—A deed containing an express reservation of a lien on land conveyed for the payment of the purchase-money, has the effect to make the perfection of the title dependent upon the payment of the purchase-money. Until such payment, the. superior title to the land remains in the vendor,</p> <p>2. Notice oe unpaid purchase-money. —The record of such a deed, which in its recitals gave the particulars as to the purchase-money notes, their respective amounts, time of maturity, &c„ was notice of the condition of the title to the land affecting subsequent purchasers.</p> <p>3. Limitation.—A purchaser by quit-claim deed before the maturity of the purchase-money notes, or of any of them, will be consicleied as holding in subordination to the superior title, dependent upon the payment of the purchase-money, and not adversely to it. While that relation existed between the party in possession and the holder of the purchase-money notes, limitation would not run in favor of such possession.</p> <p>4. Limitation, when it begins to bun.—A sale by the holder of such superior title (the original vendor) to another, would be a repudiation of such relation, and from which limitation would run.</p> <p>o. Same.—Until such repudiation by one of the parties, and made known to the others, limitation would not run against the notes, or bjr three, five, or ton years’ possession of the land, so as to defeat the right of the original vendor to recover the land under his superior title.</p> <p>6. Intervenor.—That an intervenor may show title to an undivided interest in the land sued for in trespass to try title, does not affect the right of the plaintiff to recover wiio shows title to the remaining interest, as against defendant, who is a mere trespasser.</p>