Rippetoe v. Dwyer
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. James B. McFarland. This was an action of trespass to try title, instituted, on February 22, 1873, by Thomas Dwyer, against A. H. Bippetoe, and his tenant, Julius Tamschowsky, to recover a part of lot forty-three, in the city of Brenham, and rents and damages.
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Appeal from Washington. Tried below before the Hon. James B. McFarland. This was an action of trespass to try title, instituted, on February 22, 1873, by Thomas Dwyer, against A. H. Bippetoe, and his tenant, Julius Tamschowsky, to recover a part of lot forty-three, in the city of Brenham, and rents and damages. A. H. Bippetoe died in April, 1881, and the appellants, B. A. Rippetoe, surviving wife and sole devisee and legatee under the will of A. H. Rippetoe, deceased, and C. .R. Breedlove, executor of the will, and Ida Luhn, joined by her husband, R. E. Luhn, and Albert, John, Maud, Harrison…
1Opinion of the Court
Stayton, Associate Justice.
Pressley bought the lot, of which that in controversy is a part, from Browning, on March 17,1859, and, to secure the balance of purchase money, executed three notes, maturing January 1, I860. Pressley conveyed to Jennings, February 19, 1861, and Jennings conveyed to the plaintiff, Dwyer, March 16, 1861. One of the notes executed by Pressley, being unpaid, suit was brought, by its holder against Pressley, on February 29, 1860, wherein a foreclosure of the vendor’s lien was sought. The deed to Pressley recited the execution of the three notes, but retained no express…
2Cases cited3 opinions
- Wiswall & Price v. McGownNew York Supreme Court · 1848
- Littleton v. GiddingsTexas Supreme Court · 1877
- Lusk v. SmithWisconsin Supreme Court · 1866
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