Brown v. Montgomery
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from Tarrant County. Montgomery sued Brown to recover amount of a note given him for purchase money of land conveyed by deed with lien reserved, and to foreclose his vendor’s lien therefor, to which the latter pleaded failure of consideration by reason of the existence of an outstanding incumbrance against the land.
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Error to Court of Civil Appeals for Second District, in an appeal from Tarrant County. Montgomery sued Brown to recover amount of a note given him for purchase money of land conveyed by deed with lien reserved, and to foreclose his vendor’s lien therefor, to which the latter pleaded failure of consideration by reason of the existence of an outstanding incumbrance against the land. The trial court directed a verdict for the plaintiff and, defendant having appealed, the case was affirmed by the Court of Civil Appeals.
1Opinion of the Court
DEHMAH, Associate
R. E. Montgomery, a non-resident, sued G. A. Brown on two notes for four hundred dollars each, executed by the latter to the former as balance of purchase money for block 12 in Vernon, Texas, and to foreclose the vendor’s lien reserved to secure same in the deed to said property from the former to the latter.
Brown, in a sworn plea, set up that at the time of the purchase of said land from Montgomery he had no opportunity to investigate the title and had no knowledge of same, but as Montgomery well knew was forced to rely upon the representations of the latter; that Montgomery…
2Cases cited3 opinions
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- May v. TaylorTexas Supreme Court · 1863
3Cited by17 opinions
- Humphreys-Mexia Co. v. GammonTexas Supreme Court · 1923
- Sisk v. RandomTexas Supreme Court · 1934
- Blewitt v. GreeneCourt of Appeals of Texas · 1909
- Hurst v. KnightCourt of Appeals of Texas · 1914
- Hill v. ProvineCourt of Appeals of Texas · 1924
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