Lewis v. Powell
Court of Appeals of Texas
Appeal from District Court, Dallam County; Reese Tatum, Judge. Suit by D. E. Powell against Etta M. Lewis to foreclose a vendor’s lien. J. H. Lewis and another intervene as defendants. Judgment for plaintiff, and defendants appeal.
1Opinion
On Motion for Rehearing.
BOYCE, J.
There is, we think, an obvious distinction between this case and that of Bauman v. Jaffray, 86 Tex. 617, 26 S. W. 394, and Berry v. Godwin, 188 S. W. 30, cited by appellant in his motion for rehearing, as being in conflict with our decision. In the first case a creditor who had not accepted under a mortgage conveying property to a trustee for his benefit attached the property; he subsequently dismissed the attachment suit, and sought to accept under the mortgage, which was resisted. Such creditor, without acceptance of the mortgage, had no lien; he could…
2Cases cited2 opinions
- Bauman v. E. S. Jaffray & Co.Texas Supreme Court · 1894
- Berry v. GodwinCourt of Appeals of Texas · 1916