Robertson v. Guerin
Texas Supreme Court
Appeal from Rusk. ' Tried below before the Hon. A. J. Booty. November 19, 186‘9, R. A. Andrews and wife conveyed a tract of land to John H. Robertson, with warranty of title. The deed recites the consideration to be $650 in gold and a note for $650, due December 25, 1871, bearing interest at ten per cent, from date. For this note others were substituted—two payable to L. Elliott and one to the appellee—by Robertson, at the request of Andrews.
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Appeal from Rusk. ' Tried below before the Hon. A. J. Booty. November 19, 186‘9, R. A. Andrews and wife conveyed a tract of land to John H. Robertson, with warranty of title. The deed recites the consideration to be $650 in gold and a note for $650, due December 25, 1871, bearing interest at ten per cent, from date. For this note others were substituted—two payable to L. Elliott and one to the appellee—by Robertson, at the request of Andrews. For this last note, when due, Robertson substituted the note on which this suit was brought-, bearing elate February 24, 1871, clue one day after date,…
1Opinion of the Court
Gould, Associate Justice.
This litigation was commenced July 17, 1871, when Hat Guerin brought suit against John H. Robertson on his promissory note, dated February 24, 1871, for $344.37 gold, with twelve per cent, interest, payable one day after date to said Guerin or bearer, and reciting that it is given in part payment of the homestead of R. A. Andrews. The petition claimed a vendor’s lien on two hundred and eighteen acres of land conveyed *321by Andrews and wife to Robertson on November 19, 1869, by deed, with warranty, the consideration expressed being “$650 in gold to us in hand paid by John…
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