Warhmund v. Merritt & Metcalf

Citations

• 60 Tex. 24
• 1883 Tex. LEXIS 252

Syllabus

<p>1. Subrogation.— When one furnishes money with an agreement that it shall be used in discharging a debt due for the purchase of land, and it is so used, with an understanding that he who advanced it shall have the same remedies to recover his money thus loaned that the original vendor was entitled to for the enforcement of his demand, the lender is subrogated to the rights of the vendor of the land. A like subrogation occurs to the lien of an administrator for purchase money on land sold at administrator’s sale, and in behalf of the holders of preferred claims against the estate, who released the estate and surrendered them, and by agreement among all parties took the notes of the purchaser of the land, to be secured by vendor’s lien and deed of trust.</p> <p>3. Homestead.— No homestead rights can be acquired in land as against one thus subrogated to the rights of the vendor for unpaid purchase money, nor can the widow of one in possession, claiming such homestead rights, claim that an allowance shall be made her from the land in proportion to the money actually paid, since the entire tract of land would he liable for what remained unpaid.</p>