McConkey v. Henderson
Texas Supreme Court
Error from Tarrant. Tried below before the Hon. Hat. M. Burford. This was a suit by D. C. Henderson against John McConkey, on a promissory note, and to enforce the vendor’s lien on three tracts of land described in the petition, in payment of the purchase-money of which, it was alleged in the petition, the note was given.
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Error from Tarrant. Tried below before the Hon. Hat. M. Burford. This was a suit by D. C. Henderson against John McConkey, on a promissory note, and to enforce the vendor’s lien on three tracts of land described in the petition, in payment of the purchase-money of which, it was alleged in the petition, the note was given. The defendant below answered by a general denial, and a failure of title to the land, in part payment of which he alleged the note to have been given; and from the bond for title attached as an exhibit to his answer, the land in payment for which the defendant alleged in…
1Opinion of the CourtRoberts, J.
A judgment in a court of record, must be founded on sufficient facts, legally ascertained. The. verdict omits a material part of the facts which are necessary to sustain the judgment, to wit, that the note sued on was given in payment of the purchase-money of the land described in the petition. Without such finding, the decree of. the court enforcing the vendor’s lien is without foundation.
The error of the court, in amending the verdict and judgment, by the note and other papers in the cause, though manifest, is not assigned as error, and, therefore, is not subject to revision.
For the…
2Cited by12 opinions
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- Handel v. ElliottTexas Supreme Court · 1883
- Preston v. BreedloveTexas Supreme Court · 1876
- Waco Cement Stone Works v. SmithCourt of Appeals of Texas · 1913
- Blalock v. JonesCourt of Appeals of Texas · 1927
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