Wasson v. Davis

Citations

• 34 Tex. 159

Syllabus

<p>L If a holder of a vendor’s lien a ¿merent security, he thereby waives the lien.</p> <p>2. A vendor of land has a lien upon the land as long as he shows no pui^2 of releasing the land and taking other security; but any act of his which shows an intention to release the land divests the lien. But the taking of a mortgage on the land for purchase money is to be regarded as evidence of an intention to rely on the land, and does not divest the lien.</p> <p>3. The true inquiry is, Bid the vendor intend to rely upon the estate as his security, or did he intend to abandon that and rely on something else? If the former, he retains his lien; if the latter, and he took security on other property, or from some other person than his vendee, he has lost it.</p> <p>4- When a vendor seeks to enforce his lien for the collection of a note which was given in part for the land and in part for other considerations, it is incumbent on him to show how much of the note was given for the land.</p> <p>5. See the peculiar facts of this case for an instance in which the vendor is held to have lost his lien by his own dealings with his vendee and a subvendee, whereby he accepted the individual liability of the latter in lieu of the lien which he had retained to secure the note of the former.</p>