Vieno v. Gibson
Texas Supreme Court
Writ of Error to Court of Civil Appeals for First District, in a case from Cherokee. Tried below before Hon. James I. Perkins, By writ of error Vieno sought to have the decree of the District Court revised, wherein it was held that he had no right to a foreclosure of a vendor’s lien note which he held, he having had a decree of foreclosure and sale of the land to secure payment of another purchase money note for same land, and which also had been transferred to him.
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Writ of Error to Court of Civil Appeals for First District, in a case from Cherokee. Tried below before Hon. James I. Perkins, By writ of error Vieno sought to have the decree of the District Court revised, wherein it was held that he had no right to a foreclosure of a vendor’s lien note which he held, he having had a decree of foreclosure and sale of the land to secure payment of another purchase money note for same land, and which also had been transferred to him. The judgment below was in all things affirmed by the Court of Civil Appeals of the First District. In application for writ of…
1Opinion of the Court
GAINES, Associate Justice.
One R. D. Yoakum sold a tract of land to defendant in error Gibson and one Harmon Rose, and thereupon the vendees executed to him their two promissory notes for the purchase money. These notes were made payable to the vendor or bearer, and were transferred to the plaintiff in error before maturity. The vendor’s lien having been expressly retained in the deed to secure the payment of the purchase money, after the first note fell due and before the maturity of the second, the plaintiff in error brought suit upon it against the makers, alleging the facts showing the…
2Cases cited6 opinions
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Fowler v. JohnsonSupreme Court of Minnesota · 1880
- Poweshiek County v. DennisonSupreme Court of Iowa · 1873
- Smith v. SmithIllinois Supreme Court · 1863
- Standish v. VosbergSupreme Court of Minnesota · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cavers v. Sioux Oil & Refining Co.Texas Commission of Appeals · 1931
- State Mortgage Corp. v. StateTexas Commission of Appeals · 1929
- Ann D. Brown v. P.C. CanterburyTexas Supreme Court · 1907
- Alston v. PiperCourt of Appeals of Texas · 1904
- Home Trading Co. v. HicksCourt of Appeals of Texas · 1927
7 more not listed; retrieve them via the Exa API.