Dibrell v. Smith
Texas Supreme Court
Appeal from Comal. Tried below before the Hon. I. 2T. Everett. Suit was originally brought in G-uadalupe District Court, and the venue was changed to Comal county. This is the third appeal in this case. It was before the Military Supreme Court in 1868, (Smith v. Dibrell, 31 Tex., 239,) and the judgment reversed. A second appeal was heard in 1873, and the judgment appealed from reversed.
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Appeal from Comal. Tried below before the Hon. I. 2T. Everett. Suit was originally brought in G-uadalupe District Court, and the venue was changed to Comal county. This is the third appeal in this case. It was before the Military Supreme Court in 1868, (Smith v. Dibrell, 31 Tex., 239,) and the judgment reversed. A second appeal was heard in 1873, and the judgment appealed from reversed. (Dibrell v. Smith, 40 Tex., 447.) A third trial was had October 17, 1874, before the court, without a jury. The case in 40 Texas gives a sufficient history of the pleadings and object of the suit. On the trial…
1Opinion of the Court
Moore, Associate Justice.
The entire argument of counsel for appellant, and the only ground upon which we are asked to reverse the judgment in this case, rests upon an erroneous supposition, that the vendor’s lien which appellee seeks to enforce is an incident to the original sale of the land by Parris Smith, administrator of Charles A. Smith, deceased, to John D„ St. Clair. If, in fact, there ever existed any such lien as a security for the purchase-money agreed to be paid by St. Clair for the land, it could hardly be supposed to have survived the discharge and cancellation of the note for…
2Cited by2 opinions
- Heirs of Bartley v. HarrisTexas Supreme Court · 1888
- Abney v. StateCourt of Appeals of Texas · 1898