Irvin v. Garner
Texas Supreme Court
Appeal from Gass. Tried below before the Hon. James H. Eogers. This is a suit brought by J. E. Irvin against Haney E. and Mary A. Garner, on a joint promissory note, as follows, to wit: “ On or before the 3d day of January, 1873, we promise to pay to J. E. Irvin, or bearer, the sum of six hundred and thirty-two -yjV- in gold coin, bearing 12 per cent, interest-; it being for the purchase-money of a certain tract or parcel of land known as the tract or parcel of land whereon…
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Appeal from Gass. Tried below before the Hon. James H. Eogers. This is a suit brought by J. E. Irvin against Haney E. and Mary A. Garner, on a joint promissory note, as follows, to wit: “ On or before the 3d day of January, 1873, we promise to pay to J. E. Irvin, or bearer, the sum of six hundred and thirty-two -yjV- in gold coin, bearing 12 per cent, interest-; it being for the purchase-money of a certain tract or parcel of land known as the tract or parcel of land whereon Haney E. and Mary A. Garner now lives, for value received of him this December 23d, 1872. (Signed,) " Hanot E. Garner.…
1Opinion of the Court
Bonner, Associate Justice.
The principal questions involved in this case arise upon the legal effect on the vender’s lien of—■
First. The substitution of a third person for the original vendor as payee of the note given for the purchase-money.
Second. The subsequent execution of a new note for the original one.
Third. Whether the taking of a deed of trust upon the same land necessarily releases the vender’s lien.
The facts, as developed hy the testimony, are substantially that the one hundred acres of land upon which the vendor’s lien is sought to be enforced were formerly owned by one J. S.…
2Cases cited12 opinions
- Cordova v. HoodSupreme Court of the United States · 1873
- Flanagan v. CushmanTexas Supreme Court · 1877
- Ellis v. SingletaryTexas Supreme Court · 1876
- Pinchain v. CollardTexas Supreme Court · 1855
- Wasson v. DavisTexas Supreme Court · 1871
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Farmers' & Mechanics' National Bank v. TaylorTexas Supreme Court · 1897
- Ater v. KnightCourt of Appeals of Texas · 1920
- Kleck v. KleckCourt of Appeals of Texas · 1922
- Kansas Mutual Life Insurance v. CoalsonCourt of Appeals of Texas · 1899
- B. C. Evans Co. v. Reeves & McGlassonCourt of Appeals of Texas · 1894
16 more not listed; retrieve them via the Exa API.