Willis v. Gay

Citations

• 48 Tex. 463

Syllabus

<p>1. Vendor’s lien—Additional security.—Though taking a note in payment for land, with sureties thereon, raises a presumption of the waiver of the vendor’s lien, still that presumption may be rebutted by proof that the vendor relied upon the land, as well as upon the security given, for the payment of the purchase-money.</p> <p>2. Recitals—Notice.—If a fact is recited in a deed through which a party claims title to land, he is held to have notice of that fact.</p> <p>3. Same.—The recital in a deed that the consideration was “ secured to be paid to us ,[the grantors] by the” grantee, conveys the intelligence, to any one who might inspect it, that the money was not paid down for the land, and that it was secured by the grantee to be paid at some future time; which facts are sufficient to excite inquiry which, if followed to its proper source, would lead to full notice.</p> <p>4. Declarations op parties—Evidence.—The declarations of one of several parties defendant, in his own favor, are not admissible, in behalf of another defendant, to defeat the plaintiff’s action as against the party offering the declarations.</p>