Summers v. Hancock
Texas Supreme Court
Error from Fayette. Tried below before the Hon. James H. Bell. This was a suit by the defendant in error against the plaintiffs in error, on a promissory note for $200, payable to the plaintiff.
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Error from Fayette. Tried below before the Hon. James H. Bell. This was a suit by the defendant in error against the plaintiffs in error, on a promissory note for $200, payable to the plaintiff. The defence was failure of consideration, in this, that the note sued on was given by the defendants to the plaintiff, for the purchase-money of a lot in the town of La Grange, and that at the time of the sale to them, there existed a vendor’s lien upon the same, which fact was known to the plaintiff, although he represented to them that he had a good and sufficient title; and that the lot had been…
1Opinion of the CourtRoberts, J.
The court did not err in sustaining exceptions to the plea of failure of consideration; because it did not show an outstanding title in another. The vendor’s lien may have existed in favor of the assignee of the original vendor; but it had not been so adjudged. This would have been necessary, under the circumstances, to have vested any right in the purchaser, Slayton.
The lots were sold under an execution against William J. Ryan and Hancock, on the judgment in favor of M. K. Ryan, after the title to the lots had been made to plaintiffs in error, Summers and Weldon, by an arrangement between…
2Cited by1 opinion
- Ann D. Brown v. P.C. CanterburyTexas Supreme Court · 1907