Carson v. Kelley & Sweatt
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. Nat. M. Burford. The appellees brought this suit for the amount due them on a note made and executed by J. M. Carson, the appellant, payable to A. H. Beale, given for the purchase money of a tract of land, which was conveyed by deed, at the same time with the making of the note, by the payee of the note, to the said maker.
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Appeal from Ellis. Tried below before the Hon. Nat. M. Burford. The appellees brought this suit for the amount due them on a note made and executed by J. M. Carson, the appellant, payable to A. H. Beale, given for the purchase money of a tract of land, which was conveyed by deed, at the same time with the making of the note, by the payee of the note, to the said maker. The plaintiffs, as the owners of the note by subsequent transfer, sought in their petition for judgment on the note, and a foreclosure of the vendor’s lien. The defendant’s answer set up as a defense that Beale, the vendor of…
1Opinion of the Court
Walker, P. J. Com. App.
It appears clearly that the contract for the sale of the land to the defendant was an executed contract. The deed recited on its face that the conveyance to the defendant, the grantee in the deed, was made in consideration of the sum of $2,212.50—$75 of which was paid in hand, and tw'O promissory notes were executed by the defendant for the balance; the note sued on being one of those described in the deed, and which recited on its face that the consideration was “ part payment for a tract of land this day deeded to me.” The deed was absolute in its terms of conveyance,…
2Cases cited4 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Baker v. ComptonTexas Supreme Court · 1879
- Jackson v. StockbridgeTexas Supreme Court · 1867
- Thompson v. MungerTexas Supreme Court · 1855
3Cited by11 opinions
- Waggoner v. ZundelowitzTexas Commission of Appeals · 1921
- Bonzer v. GarrettCourt of Appeals of Texas · 1913
- Campbell v. JonesCourt of Appeals of Texas · 1921
- Winkler v. CreekmoreTexas Commission of Appeals · 1923
- Earle v. MarxTexas Supreme Court · 1891
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