Prince v. Colvin
Court of Appeals of Texas
. Error from District Court, Smith County; R. M. Smith, Judge. Suit by L. R. Prince against W. B. Colvin and others. From a judgment for plaintiff against only a part of the defendants, lie brings error. W. E. Oolvin executed to S. B. Ray and J. P. Seale a series of three notes in part payment of 60.8 acres of land, the vendor’s lien being retained in the conveyance to secure the payment of the notes.
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. Error from District Court, Smith County; R. M. Smith, Judge. Suit by L. R. Prince against W. B. Colvin and others. From a judgment for plaintiff against only a part of the defendants, lie brings error. W. E. Oolvin executed to S. B. Ray and J. P. Seale a series of three notes in part payment of 60.8 acres of land, the vendor’s lien being retained in the conveyance to secure the payment of the notes. Before maturity of the first note, J. P. Seale sold and transferred his interest in the said note, together with the vendor’s lien, to S. B. Ray; and before maturity of the said first note S. B.…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1, 2] The indorsement on the first note has the legal effect to render the defendants in error Seale and Ray each liable as indorsers. Behrens v. Kirkgard, 143 S. W. 698. But as the statute (article 579, Vernon’s Sayles’ St.) was not complied with by the plaintiff, the court correctly ruled, it is thought, that such indorsers were discharged. Eor the plaintiff in his petition alleged and the proof shows that he had a lien on 60.8 acres of land, given by the maker to secure the notej sued on; and there was no allegation nor proof that the land was of no…
2Cases cited3 opinions
- Francis Smith & Co. v. OjerholmTexas Supreme Court · 1899
- Behrens v. KirkgardCourt of Appeals of Texas · 1912
- Francis Smith & Co. v. OjerholmCourt of Appeals of Texas · 1898
3Cited by1 opinion
- White v. WomackCourt of Appeals of Texas · 1933