Murray v. Able
Texas Supreme Court
Error from Cherokee. Tried below before the Hon. John H.Reagan. There were two notes for $1500 each; the tract of land contained six hundred and forty acres. The case was decided on a demurrer to the pleadings, and the presumption from the pleadings was, that the notes were for all the purchase money.
1Opinion of the CourtRoberts, J.
Able sues for the use of Mills & Jockusch, on notes given to Able in the purchase of land, and the vendor’s lien on the land is expressly reserved in the notes. The petition, seeking to enforce the lien, is excepted to, because the notes being transferred for value, and being payable to bearer, the lien did not pass with the notes to Mills & Jockusch.
It has been decided that a party holding a negotiable note, under a written indorsement from the payee, has acquired and may enforce the vendor’s lien. (1 Moore v. Raymond, 15 Tex. R. 554.) At this Term of the Court, the same has been decided in…
2Cited by8 opinions
- Cannon v. McDanielTexas Supreme Court · 1876
- Flanagan v. CushmanTexas Supreme Court · 1877
- International & G. N. Ry. Co. v. Concrete Inv. Co.Court of Appeals of Texas · 1917
- Davis v. HuffCourt of Appeals of Texas · 1926
- H. & T. C. R'y Co. v. BremondTexas Supreme Court · 1886
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