Whitehead v. Fisher, Garrity & Huey
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. L. D. Bradley. On March 8, 1877, B. T. Whitehead, appellant’s intestate, sold to . one Martin Fisher the farm in controversy, for $300 cash and two negotiable notes, one for $600, due one year from date, one for $775, due two years from date, both bearing ten per cent, interest, conveying the land to Fisher by a deed retaining an express Lien for the payment of the notes.
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Appeal from Navarro. Tried below before the Hon. L. D. Bradley. On March 8, 1877, B. T. Whitehead, appellant’s intestate, sold to . one Martin Fisher the farm in controversy, for $300 cash and two negotiable notes, one for $600, due one year from date, one for $775, due two years from date, both bearing ten per cent, interest, conveying the land to Fisher by a deed retaining an express Lien for the payment of the notes. The first note for $600 was transferred before maturity for a valuable consideration to the intervenors, Garrity & Huey; at the time of its transfer B. T. Whitehead made a…
1Opinion of the Court
Srayton, Associate Justice.
The note which Whitehead transferred to Garrity & Huey was the one first maturing of two which Fisher had executed to Whitehead for a tract of land conveyed by a deed which expressly retained a lien to secure the payment of both notes, which, in some of the states, is held to have priority of lien; *641but this rule has not been followed in this state. Paris Exchange Bank v. Beard, 49 Tex., 363.
In that case no ruling was made as to the right of one who held by prior assignment one of several notes secured by the same lien; nor does the question as to what would be the…
2Cases cited8 opinions
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Gage v. . BrewsterNew York Court of Appeals · 1865
- Johnson v. HarmonSupreme Court of Iowa · 1865
- Paris Exchange Bank v. BeardTexas Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Humphreys-Mexia Co. v. GammonTexas Supreme Court · 1923
- Hill v. PrestonTexas Supreme Court · 1931
- Jolley v. BrownCourt of Appeals of Texas · 1916
- Perry v. DowdellCourt of Appeals of Texas · 1905
- Atwood v. Humble Oil & Refining Co.Court of Appeals of Texas · 1950
17 more not listed; retrieve them via the Exa API.