Elam v. Donald
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. Jo Abbott. Appellee, as administrator of James Black, deceased, had recovered a judgment against W. Hile Elam.for the purchase money in part of a tract of land sold by Black to W. Hile Elam, with decree of foreclosure. The amount was $1,189.73. Haney and John Elam, father and mother of W. Hile Elam, were parties defendants, because the deed by Black was made to them.
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Appeal from Falls. Tried below before the Hon. Jo Abbott. Appellee, as administrator of James Black, deceased, had recovered a judgment against W. Hile Elam.for the purchase money in part of a tract of land sold by Black to W. Hile Elam, with decree of foreclosure. The amount was $1,189.73. Haney and John Elam, father and mother of W. Hile Elam, were parties defendants, because the deed by Black was made to them. Intervenor Graves was also adjudged $254.74, and S. A. Elam $325.75. These amounts were also liens, being the principal and interest of notes also given by the purchaser, W. Hile…
1Opinion of the Court
Willie, Chief Justice.
There was perhaps enough" evidence introduced in the court below to warrant the judgment so far as it set aside the sale of the land. Ho-notice was given to the appellee Donald, who was. plaintiff below, of the time when it would take place, the intervenors having sued out the process under which the sale was made. The price which the land brought was far below its value; and one of the intervenors, to the payment of whose debt the purchase money was to be applied before Donald could receive any portion of it, made statements at- the sale tending to prevent competition…
2Cases cited2 opinions
- Burns v. LedbetterTexas Supreme Court · 1882
- Bailey's Adm'r v. WhiteTexas Supreme Court · 1854
3Cited by3 opinions
- Goble v. O'ConnorNebraska Supreme Court · 1894
- Keda Development Corp. v. Stanglin, Texas Court of Appeals, 5th District (Dallas)1986
- Jarrett v. RossCourt of Appeals of Texas · 1939