Precedents and Rules of Pleading in Civil Actions; In the County and District Courts of Texas ...

Precedents and Rules of Pleading in Civil Actions; In the County and District Courts of Texas ...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...entitled to the equity of redemption, are necessary parties to a suit brought after such possession commenced to foreclose the lien.' When a mortgage is executed to secure several notes due at different times, in a suit by the holder of the note last falling due, to enforce the mortgage, the holders of the 310. Parties to a suit to enforce the vendor's lien.--The vendee, and any subsequent purchaser from him who is in possession, or of whose claim there is notice by a recorded conveyance, are necessary parties to a suit by the first vendor to enforce his lien for the unpaid purchase money.1 A judgment against a vendee foreclosing a vendor's lien to satisfy purchase money notes, cannot affect the rights of the holder of other notes for a portion of the purchase ' money, and who is not made a party to the suit in which the lien is foreclosed.' A defendant in a suit to enforce the vendor's lien who has conveyed the land, has no right to have his vendee joined as a defendant." In a suit by the vendor against the vendee and a subsequent purchaser, for the purchase money and the enforcement of the vendor's lien, the defendants cannot object that subsequent incumbrancers of the land are not made parties. They may make themselves parties, but are not necessary parties, and if not made parties, are not affected by the judgment. In such an action the vendee cannot bring in his own vendee as a party defendant, if resistance be made by the plaintiff." Where several notes are secured by a lien on land, all are equally entitled to payment. Vi-'hen one of several notes has been assigned by the payee, it does not have priority of lien over the notes not assigned." _ A creditor alleged in more

Product details

  • Paperback | 302 pages
  • 189 x 246 x 16mm | 544g
  • United States
  • English
  • black & white illustrations
  • 1236972236
  • 9781236972231