Cooksey v. Sinder

Helen Cooksey asks this court to render judgment that she be allowed to foreclose on a real property lien. Cooksey sold some property to Michael Sinder and his wife on March 4,1980. The Sinders signed a promissory note and Cooksey executed a warranty deed with vendor’s lien, which among other things provided for a retention of superior title in Cooksey until the note was paid in full. This deed was properly filed in the Hidalgo County deed records prior to any subsequent sales of the subject property.

Two years later, Michael and Peggy Sin-der sold the property by assumption deed to Michael’s…