Carter v. Attoway
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. M. D. Ector. Thomas M. Attoway sued Carter, in trespass to try title for 159 acres of land. Z. 33. Garrison, landlord, made himself party defendant. The defendants pleaded not guilty. On January 15, 1867, Haney Easley sold the land in controversy to G. G. Keys.
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Appeal from Rusk. Tried below before the Hon. M. D. Ector. Thomas M. Attoway sued Carter, in trespass to try title for 159 acres of land. Z. 33. Garrison, landlord, made himself party defendant. The defendants pleaded not guilty. On January 15, 1867, Haney Easley sold the land in controversy to G. G. Keys. On the 1st July following, Keys sold to defendant Garrison, and the deed was recorded May 15,1868. The purchase-money, notes given by Keys to Haney Easley, were by her assigned to B. C. IT. Johnson, who, July 29,1868, brought suit to enforce the vendor’s lien against Keys. Garrison was not…
1Opinion of the Court
Gould, Associate Justice.
This was an action of trespass to try title, in which the plaintiff claimed as purchaser at a *110sale under a decree enforcing a vendor’s lien, rendered in a suit brought by B. C. H. Johnson against George C. Keys. At the time that suit Avas commenced, Garrison, the defendant in the present case, Avas in possession of a part of the land on which the lien was sought to be enforced, claiming it under a duly recorded deed to himself from Keys. The plaintiff in that suit was certainly affected with notice of Garrison’s claim, and should have made him a party. As he was not…
2Cases cited3 opinions
- Byler v. JohnsonTexas Supreme Court · 1876
- Preston v. BreedloveTexas Supreme Court · 1876
- Harrison v. OberthierTexas Supreme Court · 1874
3Cited by12 opinions
- Smith v. Dozier Const. Co.Court of Appeals of Texas · 1933
- Lind v. Merchants' State Bank & Trust Co.Court of Appeals of Texas · 1929
- Logan v. LudwickCourt of Appeals of Texas · 1926
- McLeroy v. Thrift, Inc.Court of Appeals of Texas · 1929
- Jackson v. First Nat. Bank of San AngeloCourt of Appeals of Texas · 1931
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