Turner v. Phelps & Co.
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. M. IT. Bonner. August 19, 1857, John C. Robertson, William Stedman, James H. Jones, and S. P. Hollingsworth were joint owners of two tracts of land lying contiguous, in Rusk county.
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Appeal from Rusk. Tried below before the Hon. M. IT. Bonner. August 19, 1857, John C. Robertson, William Stedman, James H. Jones, and S. P. Hollingsworth were joint owners of two tracts of land lying contiguous, in Rusk county. On that day, they contracted, by their title bond, jointly to make a deed for said lands to Robert H. Cumby, so soon as he should have paid them $1,500, for which he executed to them his promissory note, due December 25, 1858. October 1, 1860, Cumby paid part of the purchase-money for the land above mentioned, leaving unpaid $165.30, for which he executed to John C.…
1Opinion of the Court
Roberts, Chief Justice.
The court charged the jury, in effect, that the defendants, holding under the sheriff’s deed, given upon the sale of the land, under the judgment against Cumby, in favor of Robertson, enforcing the vendor’s lien *259for the balance of the purchase-money adjudged to be due to Robertson from Cumby for said land, could derive a title to only one undivided fourth of said land, by virtue of said sale; and that the undivided three fourths of the land would be subject to the appellee’s mortgage, if the proof of its existence was satisfactory.
The verdict and judgment were rendered…
2Cases cited5 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- McDonough v. CrossTexas Supreme Court · 1874
- Byler v. JohnsonTexas Supreme Court · 1876
- Preston v. BreedloveTexas Supreme Court · 1876
- Harrison v. OberthierTexas Supreme Court · 1874
3Cited by3 opinions
- Citizens National Bank v. StraussCourt of Appeals of Texas · 1902
- Froelich v. SwaffordSouth Dakota Supreme Court · 1914
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