Whitaker v. Hill
Court of Appeals of Texas
Appeal from District Court, Cherokee County; L. D. Guinn, Judge. Action by O. H. Hill and others against H. M. Whitaker and another. From an order refusing to dissolve a temporary injunction, defendants appeal. Mrs. Rosa R. Osburn, one of the appellees, owned 254.8 acres of the Jose Maria Procella survey, situated partly in Cherokeetand partly in Smith county. In consideration of $1,008.40 paid to her by C. II.
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Appeal from District Court, Cherokee County; L. D. Guinn, Judge. Action by O. H. Hill and others against H. M. Whitaker and another. From an order refusing to dissolve a temporary injunction, defendants appeal. Mrs. Rosa R. Osburn, one of the appellees, owned 254.8 acres of the Jose Maria Procella survey, situated partly in Cherokeetand partly in Smith county. In consideration of $1,008.40 paid to her by C. II. Hill, another one of the appellees, and the execution and delivery to her by him of his four promissory notes for $250 each, payable February-13, 1914, 1915, 1916, and 1917,…
1Opinion of the Court
WIDLSON, O. J.
(after stating the facts as above). [1] That Hill owned the land at the time the abstract was recorded and at the time the execution was levied, and that Mrs. Osbum did not then or afterwards own it, is conceded to be true. But notwithstanding the fact that Hill owned it, Whitaker might have acquired a lien on the land by complying with the requirements of the statute with reference to judgment liens (articles 5614-5616, Vernon’s Statutes), or by the levy of an execution, at a time when he did not have, and was not chargeable with, notice of the fact that Hill owned it (articles…
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