Ellis v. Singletary
Texas Supreme Court
Appeal from San Jacinto. Tried below before Hon. J. E. Burnett. James Hogue purchased from Taylor and Davis a tract of land in San Jacinto county, (then Polk county,) on Trinity river, known as “the Cedar Landing Tract,” containing four hundred and fifty acres. Hogue sold the land to the appellant, John Ellis, before the title had been made to him, and procured the deed from Taylor and Davis direct to Ellis.
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Appeal from San Jacinto. Tried below before Hon. J. E. Burnett. James Hogue purchased from Taylor and Davis a tract of land in San Jacinto county, (then Polk county,) on Trinity river, known as “the Cedar Landing Tract,” containing four hundred and fifty acres. Hogue sold the land to the appellant, John Ellis, before the title had been made to him, and procured the deed from Taylor and Davis direct to Ellis. Ellis sold to Kirksey, and received in part payment a note for $1,250, carrying with it a vendor’s lien upon the land. This note Ellis transferred to Hogue, and Hogue transferred it to…
1Opinion of the Court
Roberts, Chief Justice.
This is a suit brought ou a note by Singletary, for the use of Wynne against W. H. Clark, one of four makers of a joint and several note, the other three being dead, to recover a judgment against Clark for the amount due on said note, and against John Ellis, to subject land to which he has the legal title, to a vendor’s lien. Plaintiff"recovered a judgment. Clark did not appeal, — Ellis did. The matter in issue is, whether or not the judgment subjecting the land to the vendor’s lien, in discharge of the recovery against Clark on the note, is erroneous, as contended by…
2Cases cited2 opinions
- Pinchain v. CollardTexas Supreme Court · 1855
- Parker County v. SewellTexas Supreme Court · 1859
3Cited by38 opinions
- Hicks v. MorrisTexas Supreme Court · 1882
- Martin v. DialTexas Commission of Appeals · 1933
- Short v. HepburnTexas Supreme Court · 1896
- Flanagan v. CushmanTexas Supreme Court · 1877
- Cresap v. ManorTexas Supreme Court · 1885
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