Frankland v. Cassaday
Texas Supreme Court
Error from McLennan. Tried below before the Hon. B. W. Rimes. This case has been twice before considered on appeal. For a statement of its character, reference is made to 55 Tex., 452. There also will be found the doctrine here held to be stare deeisis,— that though the superior title remains with the vendor of land until the purchase money is paid, the right in the vendor is not assignable with the debt.
1Opinion of the Court
Walker, P. J. Com. App.
This cause has twice before been considered on appeal to the supreme court; on the first appeal it was submitted to the decision of the commissioners of appeals at the Austin term in 1880, and in 1881, on the appeal of Mrs. Cassaday, it was determined in the supreme court. See Cassaday v. Frankland, 55 Tex., 452. The charge given by the court plainly indicates that it was given with direct reference to the decision and the opinion rendered by the supreme court in the case above cited, upon the decisive issues then before the court upon the evidence developed on the…
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