Legal Opinion

Kennedy v. Embry

Texas Supreme Court

Decided November 27, 1888No. 6004PublishedCited by 29 opinions

Appeal from Tarrant. Tried below before Hon. J. Y. Hogsett> special district judge, elected by the bar upon the illness of the district judge.

1Opinion of the Court

Acker, Presiding Judge.

J. P. Smith owned block sixteen in

Tucker’s addition to the city of Port Worth, and on July 2, 1878, conveyed it by warranty deed to W. C. Dismukes for the consideration of two hundred and fifty dollars, no part of which was paid, but notes were given therefor in three payments, maturing at one, two, and three years. To secure the payment of these notes Dismukes executed to Smith a mortgage on the land. The deed and mortgage were filed for record on the 5th day of July, 1878. Dismukes left the State some time in the year 1879 or 1880 and had not returned at the time of…

2Cases cited2 opinions

  1. Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
  2. Webster v. MannTexas Supreme Court · 1880

3Cited by29 opinions

  1. Lipscomb v. FuquaTexas Supreme Court · 1910
  2. Phillips v. HerndonTexas Supreme Court · 1890
  3. Realty Securities Corporation v. JohnsonSupreme Court of Florida · 1927
  4. Barker v. Temple Lumber Co.Texas Supreme Court · 1931
  5. Kemmerer v. Title & Trust Co.Oregon Supreme Court · 1918

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