Burnett v. Atteberry
Texas Supreme Court
Error to the Court of Civil Appeals, Fifth District, in an appeal from Hunt County. Atteberry sued Mrs. Burnett, Newton, and Jones, for recovery and foreclosure on a vendor’s lien note given by the first and indorsed by the second, the land being claimed by the last mentioned. He sought, in the alternative, to recover the land if denied a foreclosure. The ease on a former appeal is reported in Atteberry, Admr., v. Burnett, 52 Texas Civ.
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Error to the Court of Civil Appeals, Fifth District, in an appeal from Hunt County. Atteberry sued Mrs. Burnett, Newton, and Jones, for recovery and foreclosure on a vendor’s lien note given by the first and indorsed by the second, the land being claimed by the last mentioned. He sought, in the alternative, to recover the land if denied a foreclosure. The ease on a former appeal is reported in Atteberry, Admr., v. Burnett, 52 Texas Civ. App., '617; same case on certified questions, 102 Texas, 118. After reversal and remand, the suit was changed to one for the recovery of the land as owner of…
1Opinion of the CourtJustice Dibrell
This suit was brought by J. P. Atteberry, administrator of the estate of O. W. Spradling, deceased, against the defendants, Mrs. A. G. Burnett, F. M. Newton and W. F. Jones upon a vendor’s lien note originally for $1,025, dated February 10, 1898, given for part of the purchase money due for the property the subject of this controversy, the said lien being specially retained in the deed of conveyance. The note was alleged to have been given by the defendant, Mrs. A. G. Burnett, to A. Cameron and C. A. Langford, her vendors, and was due on or before January 1, 1899, bearing interest' at ten…
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