Legal Opinion

Flanagan v. Cushman

Texas Supreme Court

Decided July 1, 1877PublishedCited by 40 opinions

Appeal from Rusk. Tried below before the Hon. A. J. Booty. December 6, 1870, at Henderson, in Rusk county, Webster Flanagan, H. M. Cushman, and C. T. Garland had the following transactions: Garland held a note on Cushman for a. tract of land on which was due $3,823.13 gold. This sum Flanagan furnished and paid to Garland, who at the time executed a deed for the land to Cushman.

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Appeal from Rusk. Tried below before the Hon. A. J. Booty. December 6, 1870, at Henderson, in Rusk county, Webster Flanagan, H. M. Cushman, and C. T. Garland had the following transactions: Garland held a note on Cushman for a. tract of land on which was due $3,823.13 gold. This sum Flanagan furnished and paid to Garland, who at the time executed a deed for the land to Cushman. Cushman, then residing upon the land with his family, executed his note to Flanagan for the money advanced, recognizing in the note that the vendor’s lien on his homestead existed, to secure the note; and executed a…

1Opinion of the Court

Moore, Associate Justice.

It cannot be questioned that it has been held by this court, from its first organization, that the vendor of land has an equitable lien upon it for the unpaid purchase-money, unless such lien has been expressly or impliedly waived or abandoned. (Briscoe v. Bronaugh, 1 Tex., 326.) It is said to be “ a natural equity that the land - shall stand charged with so much of the purchase-money as ” remains unpaid, without any special agreement to that effect. (Id.) It must also be now regarded as settled, in this State, that the transfer or assignment of the debt carries the…

2Cases cited11 opinions

  1. Cordova v. HoodSupreme Court of the United States · 1873
  2. Briscoe v. BronaughTexas Supreme Court · 1846
  3. Ellis v. SingletaryTexas Supreme Court · 1876
  4. White, Smith & Baldwin v. DownsTexas Supreme Court · 1874
  5. McAlpin v. BurnettTexas Supreme Court · 1857

6 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Ewell v. DaggsSupreme Court of the United States · 1883
  2. Fievel v. ZuberTexas Supreme Court · 1887
  3. Natural Footwear Ltd. v. Hart, Schaffner & MarxCourt of Appeals for the Third Circuit · 1985
  4. GXG, INC. v. Texacal Oil & Gas, Texas Court of Appeals, 13th District1998
  5. Black v. RockmoreTexas Supreme Court · 1878

35 more not listed; retrieve them via the Exa API.

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