Seidel v. Gully

GRISSOM, Chief Justice.

W. D. Gully sold and executed an assignment of an overriding -royalty of one-sixteenth of seven-eighths of the minerals in a tract of land in Brown County to F. A. Seidel. Seidel’s check for the purchase price was not paid and Gully sued Seidel in Brown County for the purchase price and to foreclose an equitable vendor’s lien on the assigned royalty. Seidel filed a plea of privilege to be sued in the county of his residence. His plea was overruled and he has appealed.

Under exception 12, Art. 1995, Vernon’s Ann.Civ.St., a suit for foreclosure of a lien may be brought in…