Hale v. Baker & Rice
Texas Supreme Court
Appeal from Lee. Tried below before the Hon. A. S. Broaddus. Appellees brought suit, February 9, 1880, against John T. Rowe, F. W. McGuire and I. N. Hale, alleging that the defendant Rowe, on the 14th day of July, 1874, executed to the order of appellees his promissory note for $150, payable in six months, with ten per cent, interest from date. That the consideration of the note was part of the purchase money of lot 6, block 12, in the town of Giddings, Texas.
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Appeal from Lee. Tried below before the Hon. A. S. Broaddus. Appellees brought suit, February 9, 1880, against John T. Rowe, F. W. McGuire and I. N. Hale, alleging that the defendant Rowe, on the 14th day of July, 1874, executed to the order of appellees his promissory note for $150, payable in six months, with ten per cent, interest from date. That the consideration of the note was part of the purchase money of lot 6, block 12, in the town of Giddings, Texas. A copy of the note was given in the petition, in which it was recited that the vendor’s lien was retained. That on the same day…
1Opinion of the Court
Walker, P. J. Com. App.
The court below determined this case upon the erroneous view, as we conceive, that the holder of the superior title to land under a conveyance of it to another party, in *219which he has reserved a vendor’s lien to secure the purchase money, may, because the contract of sale is executory, enforce the lien by suit for the money, notwithstanding the purchase money note may be barred by the statute of limitations. It has been held in a long series of decisions in this state, that where the contract for the sale of land is executory, as in the instance of the sale and…
2Cases cited11 opinions
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Peters v. ClementsTexas Supreme Court · 1876
- Duty v. GrahamTexas Supreme Court · 1854
- Perkins v. SterneTexas Supreme Court · 1859
- Roosevelt v. DavisTexas Supreme Court · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cathey v. WeaverTexas Supreme Court · 1922
- Barker v. Temple Lumber Co.Texas Supreme Court · 1931
- Ransom v. BrownTexas Supreme Court · 1885
- Rindge v. OliphintTexas Supreme Court · 1884
- Evans v. AsheCourt of Appeals of Texas · 1908
19 more not listed; retrieve them via the Exa API.