Slade v. Young

Citations

• 32 Tex. 668

Syllabus

<p>1— Suit on a note which expressed on its face that it was given for two lots near the town of B., and that a lien was reserved on the lots. Prayer for judgment against makers of the note, and also for decree foreclosing the vendor’s lien. General verdict for plaintiff for debt and interest, with no mention of the lien or the lots. Seld, that it was not error to decree the foreclosure, inasmuch as the lien was an express lien, reserved ou the face of the note.</p> <p>2— It is only when the lien is an implied lien that it is necessary for the verdict to show that the land is subject to it, as held in McConlcey v. Henderson, 24 Tex., 212.</p>