Scott v. Atchison
Texas Supreme Court
Appeal from Grimes. Tried below before the Hon. James E. Burnett. Suit brought September, 1865, by D. B. Morrill, as holder and owner of a promissory note on James B. Pye for $1750, against appellee, alleging that it was given to secure so much of the purchase money for a certain tract of land described, which Pye had bought of Noble, and on which a vendor’s lien was retained to secure its payment.
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Appeal from Grimes. Tried below before the Hon. James E. Burnett. Suit brought September, 1865, by D. B. Morrill, as holder and owner of a promissory note on James B. Pye for $1750, against appellee, alleging that it was given to secure so much of the purchase money for a certain tract of land described, which Pye had bought of Noble, and on which a vendor’s lien was retained to secure its payment. Atchison and Manwaring and wife were made defendants, alleging that Atchison bought of Pye and Manwaring and wife of Atchison, all with notice of the vendor’s lien. In April, 1866, the appellant…
1Opinion of the CourtWalker, J.
On page 3 of the appellee’s brief we find such a statement of this case as we believe the appellant cannot object to ; and as we think the single point neces*388sary for our consideration is therein presented, we adopt the statement, from which we will endeavor to deduce our opinion. It is as follows:
“The whole subject matter now presented in this case is simply this point. In May, A. D. 1862, Confederate money was the currency in circulation. Atchison purchased the tract of land in controversy from James B. Pye for about $6000, and paid therefor this money, reserving a balance in his hands with…
2Cases cited3 opinions
- Harwood v. BlytheTexas Supreme Court · 1870
- Ransom v. AlexanderTexas Supreme Court · 1868
- Moseley v. FarrellTexas Supreme Court · 1869
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- Cooper Grocery Co. v. StrangeTexas Commission of Appeals · 1929
- Frost v. First State Bank & Trust Co. of Mineral WellsTexas Commission of Appeals · 1925
- King Construction Co. v. W. M. Smith Electric Co.Court of Appeals of Texas · 1961
- Crook v. ZornCourt of Appeals for the Fifth Circuit · 1938
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