Baker v. Ramey
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. C. A. Frazer. This was an action of trespass to try title, brought, by Baker, the appellant, against Elizabeth Ramey, one of the appellees, for two lots in the town of Henderson, and the Mansion House hotel situated thereon.
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Appeal from Rusk. Tried below before the Hon. C. A. Frazer. This was an action of trespass to try title, brought, by Baker, the appellant, against Elizabeth Ramey, one of the appellees, for two lots in the town of Henderson, and the Mansion House hotel situated thereon. The property in controversy, with other lots, was sold by Baker on the 28th of December, 1858, to Joel B. Crain and George H. Ramey, as partners in the business of hotel-keeping, who executed their note to Baker for $2800 as the purchase money, payable on 1st of March, 1854, with the privilege of payment in cash notes at any…
1Opinion of the CourtBell, J.
We are of opinion that there is error in the judgment of the court below, for which it must be reversed. The original deed from Baker to Crain & Ramey retained a lien upon the lots, for the payment of the purchase money. Upon the authority of the case of Dunlap’s Adm’r v. Wright, 11 Tex., 597, the superior right to the land .remained in the vendor, Baker, until the payment of the purchase money. The deed did not invest the vendees, Crain & Ramey, with absolute title. They held the lots in subordination to the superior right of Baker, until the purchase money was paid. The original suit by…
2Cases cited1 opinion
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
3Cited by14 opinions
- Peters v. ClementsTexas Supreme Court · 1876
- Russell & Seisfeld v. KirkbrideTexas Supreme Court · 1884
- Baker v. ComptonTexas Supreme Court · 1879
- Booty v. O'ConnorCourt of Appeals of Texas · 1926
- Webster v. MannTexas Supreme Court · 1880
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