Legal Opinion

Pope v. Beauchamp

Texas Commission of Appeals

Decided December 11, 1918No. 25-2647PublishedCited by 3 opinions

Error to Court of Civil Appeals of Seventh Supreme Judicial District. Suit by J. B. Pope against D. M. Beauchamp and others to recover on a note and to foreclose a vendor’s lien. Judgment for plaintiff for part of the relief asked was, on appeal by plaintiff to the Court of Civil Appeals (159 S. W. 867), affirmed in part, and in part reversed and remanded, and writs of error were granted to plaintiff and defendant J. D. Rutherford.

1Opinion of the Court

Statement of the Case.

MONTGOMERY, P. J.

On the 17th day of January, 1910, J. L. Rutherford was the owner of the Delgado survey in Titus county, Tex., and on that day C. T. Wright," by means of certain fraudulent representations, procured from J. L. Rutherford a conveyance of said land, to him. Rutherford’s deed to Wright recited that he had received in payment therefor two vendors’ lien notes executed by one G. P. Holford to C. C. Hutcher-son. Without -going into the details of this transaction, it is sufficient to say that the notes were worthless, and while they purported to be secured by a…

2Cases cited4 opinions

  1. Steffian v. Milmo National BankTexas Supreme Court · 1888
  2. Moran v. WheelerTexas Supreme Court · 1894
  3. Prouty v. MusquizTexas Supreme Court · 1900
  4. Pope v. BeauchampCourt of Appeals of Texas · 1913

3Cited by3 opinions

  1. Long Beach Mortgage Co. v. Evans, Texas Court of Appeals, 5th District (Dallas)2009
  2. Kirby Lumber Corporation v. John W. WilliamsCourt of Appeals for the Fifth Circuit · 1956
  3. Wood v. SparksTexas Commission of Appeals · 1933

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