Smith v. Warren
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. W. A. Blackburn. Motion filed December 1, 1880, by which Warren sought to recover of Smith and one William Hunt the sum of $2,976, claimed to be the difference between the amount for which they bid off a certain tract of land of Warren’s at sheriff’s sale, and which bid they failed to make good, by not complying with the terms of sale, and the amount for which the land was sold by the sheriff on re-advertisement and sale.
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Appeal from Williamson. Tried below before the Hon. W. A. Blackburn. Motion filed December 1, 1880, by which Warren sought to recover of Smith and one William Hunt the sum of $2,976, claimed to be the difference between the amount for which they bid off a certain tract of land of Warren’s at sheriff’s sale, and which bid they failed to make good, by not complying with the terms of sale, and the amount for which the land was sold by the sheriff on re-advertisement and sale. By bee had .recovered a judgment against Warren, and secured a foreclosure of a vendor’s lien upon the land. For a…
1Opinion of the Court
Watts, J. Com. App.
Upon the trial in the court below, the real issue was as to whether or not Makemson & Posey owned an interest in the judgment of Bybee v. Warren, at the time of the sheriff’s sale at which Makemson purchased the land. That judgment was recovered in April, 1877. In response to special issues the jury found that about 1877, Bybee did transfer or assign an interest in the notes to Makemson & Posey. And after that agreement Posey wrote the transfer of the judgment from Bybee to Smallwood. And further, that Makemson & Posey never owned that judgment.
It is the settled rule of…
2Cases cited1 opinion
- Ledyard v. BrownTexas Supreme Court · 1864
3Cited by4 opinions
- T. P. Ry. Co. v. Watson and RichardsonCourt of Appeals of Texas · 1896
- Commissioner of Internal Revenue v. The Chase Manhattan Bank, Successor of the Chase National Bank of the City of New York, Trustee and Alleged Transferee of Marie Elizabeth Moran, the Chase Manhattan Bank, Sucessor of the Chase National Bank of the City of New York, Trustee and Alleged Transferee of Marie Elizabeth Moran v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
- Ross v. HoganTexas Commission of Appeals · 1879
- Stephenson v. ChappellCourt of Appeals of Texas · 1896