Thompson v. Westbrook

Citations

• 56 Tex. 265
• 1882 Tex. LEXIS 28

Syllabus

<p>1. Deed.— If, at the time of the execution of a deed absolute on its face, a mortgage be executed to secure the payment of purchase money, the vendor may, when default is made in payment of the purchase money, as between the vendee and himself, disregard the deed and make a valid conveyance of the land to another. Such subsequent convey anee would vest title in the purchaser, except as against one purchasing from the first vendee without notice actual or constructive of the mortgage.</p> <p>2. Constructive notice.— Constructive notice of an adverse claim to land cannot extend to deeds in the chain of title, prior to an unrecorded mesne conveyance.</p>