Anderson v. Perry
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar Count)'. Suit was brought by the West End Town Company against Dowdell and wife to recover on three promissory notes and foreclose a builder’s and mechanic’s lien for their security. There were five notes given by Dowdells for the indebtedness, all secured by the same lien and maturing on the first of November, 1894, 1895, 1896, 1897 and 1898 respectively.
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Application for writ of error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar Count)'. Suit was brought by the West End Town Company against Dowdell and wife to recover on three promissory notes and foreclose a builder’s and mechanic’s lien for their security. There were five notes given by Dowdells for the indebtedness, all secured by the same lien and maturing on the first of November, 1894, 1895, 1896, 1897 and 1898 respectively. The town company had assigned to Mrs. Perry the two-notes maturing in 1895 and 1896, and had subsequently guarantied their payment…
1Opinion of the Court
GAINES, Chief Justice.
We are of the opinion that the judgment of the Court of Civil Appeals which awarded Mrs. A- M. Perry a priority of lien is correct, and that therefore the application for tiie writ of error ought to be refused. We base our opinion, however, upon the ground, that the West End Town Company, while retaining the notes now held by the applicants for the writ of error, guaranteed the payment of the notes assigned by it to Mrs. Perry. We think that guarantee inconsistent with the retention of a co-ordinate lien for the payment of the notes retained by the company and that it…
2Cited by14 opinions
- City of Fort Worth v. Lee, GuardianTexas Supreme Court · 1945
- Independent Eastern Torpedo Co. v. CarterCourt of Appeals of Texas · 1939
- Jolley v. BrownCourt of Appeals of Texas · 1916
- Martin v. GrayCourt of Appeals of Texas · 1913
- Walcott v. CarpenterCourt of Appeals of Texas · 1910
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