Senter & Co. v. Lambeth

Citations

• 59 Tex. 259

Syllabus

<p>1. Vendor’s lien —Registration.—A vendor’s lien which attaches to realty by virtue of the sale itself, and exists independent of any contract, verbal or written, between the parties stipulating for its existence, cannot in its very nature be recorded, and is that character of equitable claim not contemplated by the statutes of registration. \ '• \</p> <p>2. Same — Purchaser — Notice.— As against a purchaser with notice of a vendor’s lien before sale under a judgment, which judgment constituted a legal lien on land, a court of equity will confine the operation of the legal lien of the judgment creditor to the actual interest which the judgment debtor had in the estate at the time such legal lien was fixed. The vendor’s lien will be protected, though the purchasér, who had notice before his purchase at execution sale, had no actual notice when the judgment lien attached.</p> <p>3. Vendor’s lien. — There is a natural equity that land should stand charged with so much of the purchase money as is not paid, and that, too, without any agreement to that effect; this lien is founded on an implied trust between the vendor and vendee.</p> <p>4. Statutes construed.— Art. 2318, Revised Statutes, construed, and Grace v. Wade, 45 Tex., 528; Borden v. McRae, 46 Tex., 396; Ayres v. Duprey, 27 Tex., 593; Wallace v. Campbell, 54 Tex., 90, cited.</p> <p>5. Cases reviewed and followed.— Wallace v. Campbell, 54 Tex., 90; Grimes v. Hobson, 46 Tex., 418; Blankenship v. Douglass, 26 Tex., 229, and Grace v. Wade, 45 Tex., 528, reviewed and followed.</p>