McRimmon v. Martin
Texas Supreme Court
Appeal from Upshur. The deed from the County Commis, sioners to Galloway was dated February 5th, 1849, and disclosed that the purchase money was not paid, and expressly reserved a mortgage lien therefor. In September, 1851, the appellee recovered judgment before a Justice of the Peace against Galloway, and an order was made for the sale of the lots. Galloway stayed the execution.
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Appeal from Upshur. The deed from the County Commis, sioners to Galloway was dated February 5th, 1849, and disclosed that the purchase money was not paid, and expressly reserved a mortgage lien therefor. In September, 1851, the appellee recovered judgment before a Justice of the Peace against Galloway, and an order was made for the sale of the lots. Galloway stayed the execution. After the expiration of the stay, “ an execution or order of sale” was issued and levied on the lots.
1Opinion of the CourtLipscomb, J.
This suit was brought by the appellant, to enjoin the Chief Justice of Upshur County, from enforcing a lien in favor of the County of Upshur, on three several lots in the town of Gilmer, the site selected for County Seat, purchased by Galloway at the sale of lots on the said site, made by the Commissioners for the County, for which purchase Galloway gave his note at twelve months, secured by a mortgage on the lots purchased. Petitioner alleges that he is now the owner, and in possession of the said lots, by purchase for a valuable consideration; that the said title comes to him through…
2Cited by2 opinions
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