Houston v. Dickson
Texas Supreme Court
Appeal from Wilson. Tried below before the Hon. Geo. McCormick. B. C. Houston instituted this suit against I. J. Dickson and James McAllister on the following note executed by Dickson to A. L. Yelvington : “On or before the first day of January, A. D. 1884, I promise to pay A. L. Yelvington, or order, for value received, the sum of sixty dollars, with interest at the rate of ten per cent, per annum. Lavernia, December 18, 1882. I. J. Dickson.”
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Appeal from Wilson. Tried below before the Hon. Geo. McCormick. B. C. Houston instituted this suit against I. J. Dickson and James McAllister on the following note executed by Dickson to A. L. Yelvington : “On or before the first day of January, A. D. 1884, I promise to pay A. L. Yelvington, or order, for value received, the sum of sixty dollars, with interest at the rate of ten per cent, per annum. Lavernia, December 18, 1882. I. J. Dickson.” The petition alleged that the note was given in part payment of the purchase money of a tract of one hundred and sixty acres of land, purchased by…
1Opinion of the Court
Stayton, Associate Justice.
If it be assumed that there were facts proved from which ordinarily a vendor’s lien would arise, then it must be held that the second paragraph of the charge given should not have been given. That charge authorized the jury to believe that in the opinion of the court there was evidence from which they might find that the vendor’s lien was waived. There was no evidence from which the jury would have been authorized to find a waiver of the lien, for such a lien is given by the law when one person sells land to another on credit, and is not the result of agreement, nor…
2Cases cited2 opinions
- Palmer v. ChandlerTexas Supreme Court · 1877
- Rawles v. PerkeyTexas Supreme Court · 1878
3Cited by11 opinions
- Burnett v. AtteberryTexas Supreme Court · 1912
- Empire Gas & Fuel Co. v. StateCourt of Appeals of Texas · 1929
- Finnell v. FinnellCalifornia Supreme Court · 1909
- Holt v. HoltCourt of Appeals of Texas · 1933
- Fennimore v. InghamCourt of Appeals of Texas · 1915
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