Thorn v. Dill

Citations

• 56 Tex. 145
• 1882 Tex. LEXIS 10

Syllabus

<p>1. Equity—Equitable lien. — One in possession of land as a homestead abandoned it and acquired another. Purchase money notes were due from him for the abandoned homestead, which on abandonment he sold, and by agreement between himself, his vendee and his vendor, his vendee took up and executed in lieu thereof other notes to the original vendor, with the agreement that they should be secured by a lien on the land. In a suit against him by the original vendor on the substituted notes, held,</p> <p>(1) That he was estopped from asserting that such written conveyance had not been made by him of the abandoned homestead as would support and raise a vendor’s lien, he having resumed possession of the land, and the maker of the substituted notes being insolvent.</p> <p>(2) He could not repudiate that portion of the contract requiring the lien while enjoying the benefits of the contract.</p> <p>(3) Equity will enforce the intention to secure the notes by lien.</p> <p>(4) There were no homestead rights which could prevent the creation of the lien.</p>