Slaughter v. Owens
Texas Supreme Court
Appeal from Lampasas. Tried below before the Hon. W. A. Blackburn. William Owens, on the 14th day of October, 1879, sued A. P. Lee, John Calvert and P. L. Slaughter, the appellant, to substitute and revive a personal judgment recovered by him on the 12th day of November, 1875, against Lee & Calvert for $293.75, which had become dormant, and had been destroyed; to have the same declared a lien, and to foreclose the lien upon a tract of one hundred and sixty acres of land…
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Appeal from Lampasas. Tried below before the Hon. W. A. Blackburn. William Owens, on the 14th day of October, 1879, sued A. P. Lee, John Calvert and P. L. Slaughter, the appellant, to substitute and revive a personal judgment recovered by him on the 12th day of November, 1875, against Lee & Calvert for $293.75, which had become dormant, and had been destroyed; to have the same declared a lien, and to foreclose the lien upon a tract of one hundred and sixty acres of land which Owens had conveyed to one Shroyer on the 24th day of September, 1873, and which had subsequently been conveyed by…
1Opinion of the Court
Willie, Chief Justice.
In our opinion the district court did not err in holding that the substituted note on which this suit was brought was secured by a vendor’s lien upon the land sold by ShroyeP to appellant. It is urged that because this note was signed *670by a person who was under no obligation to pay the purchase money of the land, the vendor’s lien was waived. It has been held that taking personal security does under some circumstances waive the vendor’s lien. Parker Co. v. Sewell, 24 Tex., 238. But in such cases, as in all others, “ the release of the lien is a question of fact dependent…
2Cases cited6 opinions
- Ellis v. SingletaryTexas Supreme Court · 1876
- McAlpin v. BurnettTexas Supreme Court · 1857
- Ball v. HillTexas Supreme Court · 1878
- Parker County v. SewellTexas Supreme Court · 1859
- Austin's Ex'ors v. Reynolds' Adm'rTexas Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Coleman v. ZappTexas Supreme Court · 1912
- Hanrick v. GurleyTexas Supreme Court · 1900
- Eckert v. WendelTexas Supreme Court · 1931
- William C. Davidson v. Federal Deposit Insurance Corporation as Receiver for United Bank of Texas, Defendant-Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1995
- Wilcox v. First National BankTexas Supreme Court · 1900
29 more not listed; retrieve them via the Exa API.