Legal Opinion

Raley v. D. Sullivan & Co.

Texas Commission of Appeals

Decided January 15, 1919No. 15-2599PublishedCited by 14 opinions

Error to Court of Civil Appeals of Fourth Supreme Judicial District. Action by D. Sullivan & Co. and others against Carrie Coleman, consolidated with an ■action by D. M. Poor against Helen Raley and others. A judgment in favor of D. M. Poor against Helen Raley and another, and in favor of D. Sullivan & Co., was affirmed by the Court of Civil Appeals (159 S. W. 99), and Helen Raley and others bring error.

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Error to Court of Civil Appeals of Fourth Supreme Judicial District. Action by D. Sullivan & Co. and others against Carrie Coleman, consolidated with an ■action by D. M. Poor against Helen Raley and others. A judgment in favor of D. M. Poor against Helen Raley and another, and in favor of D. Sullivan & Co., was affirmed by the Court of Civil Appeals (159 S. W. 99), and Helen Raley and others bring error. On May 25,1892, M. H. Poor was the owner of lot No. 1 in Mission Ridge, in Bexar county, Tex., having a regular chain of title from the sovereignty of the soil. On that date, M. H. Poor…

1Opinion of the CourtMontgomery, P. J.

(after stating the facts as above). We will first attempt to settle the question of title before attempting to decide what, if any, rights Sullivan & Co. had as owners of the vendor’s lien note.

The title to the property was in M. H. Poor when he sold the land to R. W. Coleman on May 8, 1892, and reserved a vendor’s lien to secure the purchase-money note. M. H. Poor indorsed the note to D. M. Poor on May 27, 1892, and later by deed conveyed the land to him also. The indorsement and delivery of the note and deed by M. H. Poor divested him of all title and vested all his rights in both the debt…

2Cases cited7 opinions

  1. First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
  2. Ricker, Lee & Co. v. ShoemakerTexas Supreme Court · 1891
  3. Burnham v. Hardy Oil Co.Texas Supreme Court · 1917
  4. Farmers Loan & Trust Co. v. BeckleyTexas Supreme Court · 1900
  5. Roy v. ClarkeCourt of Appeals of Texas · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Humphreys-Mexia Co. v. GammonTexas Supreme Court · 1923
  2. City of Gainesville v. HarderTexas Supreme Court · 1942
  3. Garrett v. GarrettTexas Supreme Court · 1935
  4. Harrison v. OrrTexas Commission of Appeals · 1928
  5. Texarkana Motor Co. v. BrashearsCourt of Appeals of Texas · 1931

9 more not listed; retrieve them via the Exa API.

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