Pope v. Beauchamp
Texas Supreme Court
Error to the Court of Civil Appeals for the Seventh District, in an appeal from Denton County. The suit was by Pope to recover on a note and foreclose a vendor’s lien securing it. The land in question was owned by Rutherford, against whom foreclosure was sought. Wright had procured from him by fraud a conveyance of the land and transferred the same to Beauchamp who executed the note sued on secured by vendor’s lien.
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Error to the Court of Civil Appeals for the Seventh District, in an appeal from Denton County. The suit was by Pope to recover on a note and foreclose a vendor’s lien securing it. The land in question was owned by Rutherford, against whom foreclosure was sought. Wright had procured from him by fraud a conveyance of the land and transferred the same to Beauchamp who executed the note sued on secured by vendor’s lien. Rutherford sued to cancel the sale for fraud, and procured injunction against Wright transferring the note. Wright, however, transferred the note to Maxwell, who transferred it to…
1Opinion of the Court
Mr. Justice' GREENWOOD
delivered the opinion of the court.
' We have concluded, on a careful re-examination of this record, that there was error in our order affirming the judgment of the District' Court.
The recommendation of the Commission of Appeals on which our judgment was entered was based on the following conclusions: first: that the transferees of Beauchamp’s negotiable note,- under Wright, were in substance mortgagees of the land; and, second, that Rutherford’s compliance with section 1, chapter 128, Act of 1905, p. 316, now article 6837 of the Revised Statutes, prevented such…
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