Texas Supreme Court
Thomas G. Sayers, Independent Executor v. S. J. Pyland
April 29, 1942139 Tex. 57
Summary
The Texas Supreme Court affirmed the trial court's judgment, holding that the $3,000 vendor's lien could validly attach to the entire interest in the property allotted to S.J. Pyland despite his claim of a business homestead, because homestead rights are subordinate to the equitable lien for owelty in a partition. The Court reasoned that co‑tenants may agree to such a lien and that the constitutional homestead protection does not preclude it.