Burford v. Rosenfield
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. L. Lindsay. This suit was instituted in 1867 by William Alley, against the administrator of T. W. Harris, deceased, to foreclose a vendor’s lien on lots 4 and 5, Block 9, in the town of Columbus. Alley died pending the suit, and Rosenfield, his administrator, became plaintiff in his stead. The suit was necessitated by the probate judge having disapproved the lien claimed by Alley.
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Appeal from Colorado. Tried below before the Hon. L. Lindsay. This suit was instituted in 1867 by William Alley, against the administrator of T. W. Harris, deceased, to foreclose a vendor’s lien on lots 4 and 5, Block 9, in the town of Columbus. Alley died pending the suit, and Rosenfield, his administrator, became plaintiff in his stead. The suit was necessitated by the probate judge having disapproved the lien claimed by Alley. The answer of Harris’s administrator denied that the notes of Harris were given for purchase-money of the lots, and alleged that they were given to Alley for money…
1Opinion of the CourtWalker, J.
The record in this case is very defective. There is no assignment of errors, the statement of facts is very defective, and it is with difficulty that the case can be understood.
In the motion for a new trial, one question is presented. It is claimed that the court erred in deciding that the judgment in the case of Wm. Watts’s heirs v. Robert Robson, was a judgment foreclosing the mortgage lien on lots 4 and 5, in Block 9, in the town of Columbus.
Had that judgment been appealed from, and the questions therein presented properly brought before us, we should probably have decided it upon the…
2Cases cited2 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- Tadlock v. EcclesTexas Supreme Court · 1858
3Cited by9 opinions
- Gregory v. WardTexas Supreme Court · 1929
- Preston v. BreedloveTexas Supreme Court · 1876
- Ferris v. StreeperTexas Supreme Court · 1883
- Meyer, Bannerman & Co. v. SmithCourt of Appeals of Texas · 1893
- Hair v. WoodTexas Supreme Court · 1882
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