Stephens v. J. L. Mathews Heirs

Citations

• 69 Tex. 341
• 6 S.W. 567
• 1887 Tex. LEXIS 829

Syllabus

<p>1. Evidence. — A deed to land which is not homestead, when signed by the husband and wife, if not properly acknowledged by the wife, is admissible in evidence in a suit against them to pass the community interest of both, and such separate estate as the husband may have in the land. If the wife has also a separate interest in the land, it is the duty of the court to limit the effect of the introduction of the deed in the charge to the jury.</p> <p>2. Vendor’s Lien — Lien.—Though the assignee of a note secured by lien on land may enforce the lien, the holder of such note given for purchase money of land and secured by express lien, he not being the vendor, has by virtue thereof no title to the land, and the fact that the note is barred by limitation can not confer on such holder a right he did not possess before the note was barred; such holder has neither a right to the land nor a right to enforce collection of the note when limitation is pleaded.</p> <p>3. Same. — The vendor of land, when an express lien for purchase money is reserved, retains the legal title, and may enforce payment under decree by sale of the land, or if there be no equitable reasons to forbid, may cancel the executory contract for sale, even after limitation has barred a recovery on the notes, for non payment of purchase money; but the endorsee of a purchase money note can neither cancel the contract of sale or recover the land for non payment of the contract price. If limitation runs against a note in the hands of such endorsee his remedy is gone.</p>