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54 Tex. 216

Elliott v. Blanc

Texas Supreme Court

Decided January 18, 1881

Texas Supreme Court · decided 1881-01-18

Tried below before the Hon. W. H. Burkhart. Suit by E. Blanc, the appellee, brought on the 26th day of March, A. D. 1874, against the unknown heirs of Thomas A. Brown, on a promissory note executed by Brown on the 9th day of April, 1858, to B. B. Peebles, for a part of the.purchase money for lots 6, 7 and one-half of 8, in block 301, in the town of Hempstead, payable twenty-four months after date to Peebles or bearer, and secured by vendor’s lien on the lots expressed in the…

Decided 1881-01-18

Moore, Chief Justice.

¶1By the transfer of a note given for the purchase money for land, the holder acquires the equitable lien upon the land to which the vendor is entitled' as security for its payment,' but he gets by such transfer neither a legal or equitable title to the land. If by his neglect or laches his action on the note is barred, he cannot maintain, as holder of such note, an action of trespass to try title for the land against the vendee or subsequent purchasér.

¶2The judgment is reversed and the cause remanded.

¶3Reversed and remanded.

¶4[Opinion delivered January 18, 1881.]

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