McCown v. Jones

Decided July 1, 1855

Texas Supreme Court · decided 1855-07-01

Error from Harrison. Jones and wife brought suit, for the use of Ogle against Hart, upon a promissory note, made by Hart, payable to Mrs. Jones, for the purchase money of certain lots in the town of Marshall. The plaintiff in error, McCown, having purchased the lots, was made a party defendant. The petition alleges the reservation of a lien upon the lots, for their price, and seeks to enforce it specifically.

Cited by 1 later decisions — most recently May 1928

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1855-07-01

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Wheeler, J.

¶1The question to be determined is, whether the vendor’s lien to secure the purchase money for which the note sued on was given, can be enforced in behalf of Ogle and for Ms benefit in'this action. And we are of opiMon that it can*684not. After the creation of the lien in behalf of Jones and wife, the lots were pointed out by 'Ogle as his property, and sold to satisfy the judgment recovered against him in 1844. By this sale, all the title which he then possessed, legal and equitable, passed to and vested in the purchaser.

¶2As between Ogle and McCown, we think it perfectly clear that the lien in question cannot be enforced. The judgment, therefore, enforcing the lien specifically, by decreeing the sale of the lots must be reversed.'

¶3Judgment reversed.