Gillum v. Collier
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. John C. Robertson. Suit December 16, 1878, by Henry Gillum, for the use of Richard Lloyd, on two promissory notes dated November 1, 1875, given by him in partitioning the Jose Maria league and labor of land between himself, Richard Lloyd, Henry Gillum and others named in the agreement of partition, and to foreclose the vendor’s lien arising out of and created by the agreement of partition on the portion of land partitioned in…
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Appeal from Smith. Tried below before the Hon. John C. Robertson. Suit December 16, 1878, by Henry Gillum, for the use of Richard Lloyd, on two promissory notes dated November 1, 1875, given by him in partitioning the Jose Maria league and labor of land between himself, Richard Lloyd, Henry Gillum and others named in the agreement of partition, and to foreclose the vendor’s lien arising out of and created by the agreement of partition on the portion of land partitioned in said agreement to J. W. Collier, against the said Collier, as the party originating said lien, and against the said Moses…
1Opinion of the Court
Gould, Associate Justice.
The evidence was insufficient to establish that the instruments sued on were procured by fraud, and must have been so held by the court in giving judgment against Collier on the notes. The court, however, refused to enforce the lien claimed by plaintiffs, and evidently that refusal as to the land held by Collier was based on his claim that the land, at the time he executed the notes and contract sued on, was the homestead of himself, wife and family; the conclusion being, that it was at that time beyond Collier’s power to incumber the place. New, if the homestead…
2Cases cited1 opinion
- Clements v. LacyTexas Supreme Court · 1879
3Cited by12 opinions
- Wheatley v. GriffinTexas Supreme Court · 1883
- E. Y. Chambers & Co. v. LittleCourt of Appeals of Texas · 1929
- Joiner v. PerkinsTexas Supreme Court · 1883
- McCarty v. BrackenridgeCourt of Appeals of Texas · 1892
- Baker & Terrell v. Collins & WillmannCourt of Appeals of Texas · 1893
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