Looney v. Simpson
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from Parker County. Justice Stephens, being disqualified, did not participate in the decision by the Court of Civil Appeals.
Read the full summary
Error to Court of Civil Appeals for Second District, in an appeal from Parker County. Justice Stephens, being disqualified, did not participate in the decision by the Court of Civil Appeals. Simpson brought this suit against C. H. Milliken, Sam H. Milliken, Cynthia Daniels, and R. H. Looney, seeking judgment against C. H. Milliken as maker and S. H. Milliken as endorser on four promissory notes, and to foreclose a vendor’s lien on two tracts of land described in the petition. The petition states that the notes were given by C. H. to S. H. Milliken, and for the purchase money of the lands;…
1Opinion of the Court
STAYTON, Chief Justice.
The holder of the notes executed by C. H. Milliken for the purchase money of the land, not having been made a party to the suit brought by Cynthia Daniels against the county surveyor and Sam H. and C. H. Milliken, was not bound by the judgment therein rendered, and therefore had the right to enforce the vendor’s lien against the land.
The general rule doubtless is, that a claimant of land under a different title from that under which the mortgagor held is not a proper party to a foreclosure suit; but we are of opinion, under the facts of this case, that plaintiff in…
2Cited by6 opinions
- S. Archenhold & Co. v. B. C. Evans Co.Court of Appeals of Texas · 1895
- Brooks v. ErbarCourt of Appeals of Texas · 1945
- Logan v. StieffSupreme Court of Florida · 1895
- Boulware v. KempnerCourt of Appeals of Texas · 1931
- O'Fiel v. First Nat. Bank of BeaumontCourt of Appeals of Texas · 1941
1 more not listed; retrieve them via the Exa API.