Legal Opinion
Cresap v. Manor
Texas Supreme Court
Decided March 13, 1885No. Case No. 2059PublishedCited by 39 opinions
Appeal from Gonzales. Tried below before the Hon. Everett Lewis.
1Opinion of the Court
Willie, Chief Justice.
It is the settled law of this state that the taking of a distinct and independent security by a vendor of real estate, where it does not appear that he reposed as well upon his lien as upon such security,, will be considered as a waiver of the vendor’s lien. Parker Co. v. Sewell, 24 Tex., 238; Faver v. Robinson, 46 Tex., 204; Ellis v. Singletary, 45 Tex., 27.
It appears from the facts of this case that Manor sold land to Cresap, taking in payment for it $15 in cash and two promissory notes, each executed to Cresap by one Gossett for the purchase money of a tract of land…
2Cases cited3 opinions
- Ellis v. SingletaryTexas Supreme Court · 1876
- Faver v. RobinsonTexas Supreme Court · 1876
- Parker County v. SewellTexas Supreme Court · 1859
3Cited by39 opinions
- Dossett v. Franklin Life Ins.Texas Commission of Appeals · 1925
- GXG, INC. v. Texacal Oil & Gas, Texas Court of Appeals, 13th District1998
- Graves v. HaynesTexas Commission of Appeals · 1921
- Hawkins v. WellsCourt of Appeals of Texas · 1897
- Galaznik v. Galaznik, Texas Court of Appeals, 4th District (San Antonio)1984
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