Byler v. Johnson
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. Henry Maney. On the 20th day of November, 1857, appellant sold the land in controversy to P. A. and Martha R. Swann, taking three promissory notes, for $875 each, for the purchase-money, due in one, two, and three years. These notes were set out in the deed from appellant to Swann. The notes were not paid.
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Appeal from Caldwell. Tried below before the Hon. Henry Maney. On the 20th day of November, 1857, appellant sold the land in controversy to P. A. and Martha R. Swann, taking three promissory notes, for $875 each, for the purchase-money, due in one, two, and three years. These notes were set out in the deed from appellant to Swann. The notes were not paid. About the time the last note became due the war began; and on the 10th day of February, 1866, the appellant brought Ms suit to foreclose his vend- or’s lien in Caldwell county, where the land is situated. The venue was changed to Gonzales…
1Opinion of the Court
Gould, Associate Justice.
The plaintiff, in Ms amended *518petition, alleged the execution by his vendees in December, 1862, several years before the institution of the suit to foreclose, of a conveyance to the defendants in this suit, under which they entered into possession. Under these circumstances the defendants cannot be affected by proceedings in a suit to which they were not parties, and the court did not err in excluding evidence of such proceedings from the jury. In more than one case at the late Galveston Term the proposition is affirmed that, as against a purchaser of whose claim there…
2Cases cited5 opinions
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Howards v. DavisTexas Supreme Court · 1851
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Buchanan v. MonroeTexas Supreme Court · 1858
- Webb v. MaxanTexas Supreme Court · 1854
3Cited by17 opinions
- Bradford v. KnowlesTexas Supreme Court · 1894
- St. Louis, Arkansas & Texas Railway Co. v. Whitaker & BonnerTexas Supreme Court · 1887
- King & Fordtran v. BrownTexas Supreme Court · 1891
- Wright v. LancasterTexas Supreme Court · 1877
- Davis v. RankinTexas Supreme Court · 1878
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