Jackson v. Elliott
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 24th of October, 1859, the appellant Jackson pur chased from J. E. Daniels an undivided interest in a tract of land originally granted to James Cochrane, and executed the notes mentioned in Elliott’s petition for the purchase-money, which were payable to Daniels or bearer.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. On the 24th of October, 1859, the appellant Jackson pur chased from J. E. Daniels an undivided interest in a tract of land originally granted to James Cochrane, and executed the notes mentioned in Elliott’s petition for the purchase-money, which were payable to Daniels or bearer. On the 10th of December, 1862, in a suit pending in the District Court of Austin county, Eo. 1273, styled J. J. Jackson v. W. W. Cochrane et al, the said tract of land was partitioned, and the interest purchased by Jackson (containing 690] acres,…
1Opinion of the Court
Roberts, Chief Justice.
That such a judgment proforma against Jackson, the maker of the notes, notwithstanding his bankruptcy, to be satisfied only by sale of the land under the vendor’s lien, which land was sold by Jackson to Chadwick with said lien not discharged, can be' rendered, was decided by this court in the case of Elliott v. Booth, 44 Tex., 180.
Chadwick was ‘chargeable with notice of the lien at the time he purchased the land from Jackson, because the deed from Daniels to Jackson, under and through which he derived his title to the land, exhibited the fact that the notes sued on in…
2Cases cited4 opinions
- Peters v. ClementsTexas Supreme Court · 1876
- Hatch v. CoddingtonSupreme Court of the United States · 1877
- Dainese v. CookeSupreme Court of the United States · 1875
- Elliott v. BoothTexas Supreme Court · 1875
3Cited by5 opinions
- Morris v. GainesTexas Supreme Court · 1891
- Matlock v. GloverTexas Supreme Court · 1885
- Cook v. CaswellTexas Supreme Court · 1891
- Brown v. ChenoworthTexas Supreme Court · 1879
- Graham v. HawkinsTexas Commission of Appeals · 1880