Marshall v. Spillane

GARRETT, Chief Justice.

This suit was brought by James Spillane to recover of E. J. Marshall and F. P. Killeen the proceeds of the sale of one-half of lot 3, in block 55, in the town of Temple. It was shown that on March 6, 1883, Killeen being the owner of the entire lot, conveyed by a special warranty deed an undivided one-half thereof to the plaintiff. He had bought the lot from the Gulf, Colorado & Santa Fe Eailway Company, and owed a balance of the purchase money thereon, which was evidenced by his promissory note. About January 1, 1891, Killeen conveyed the entire lot to E. J. Marshall,…