Coffee v. Haynes
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. Alexander W. Terrell. This suit was brought by George G. Haynes against William B. Coffee and James Daughtrey, on a note for $400, given for a tract of land, lying in Caldwell county, where the suit was instituted. The plaintiff sued for the amount of the note, and to subject the land, on which he claimed the vendor’s lien, to sale, for the payment of the said debt.
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Appeal from Caldwell. Tried below before the Hon. Alexander W. Terrell. This suit was brought by George G. Haynes against William B. Coffee and James Daughtrey, on a note for $400, given for a tract of land, lying in Caldwell county, where the suit was instituted. The plaintiff sued for the amount of the note, and to subject the land, on which he claimed the vendor’s lien, to sale, for the payment of the said debt. The petition alleged the residence of Coffee to be in Burnet county, and that of Daughtrey, in Llano county, both, in the state of Texas. The defendants excepted to the…
1Opinion of the CourtRoberts, J.
The general rule is, that an inhabitant of the state, must be sued in the county of his residence. The tenth exception to this rule, is “ in cases for foreclosure of mortgages, in which cases, suit may be instituted in the courts where the mortgaged property, or any part therof, may be.” This does not include, the case of a suit to enforce the vendor’s lien. They are two very distinct species of liens upon property; and although the reason for making the vendor’s lien an exception, might seem to be as good as for a mortgage, it does not follow that the statute, by including one species of…
2Cited by4 opinions
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