Elliott v. Booth
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. J. B. Williamson. Suit brought by appellant against the defendant, Z. Booth, June 23, 1870, to foreclose the vendor’s lien for the purchase-money held by the appellant, as administrator of Polly Elliott, upon a certain tract of land described in the petition which, in the lifetime of the intestate, had been sold by her to said Booth.
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Appeal from Rusk. Tried below before the Hon. J. B. Williamson. Suit brought by appellant against the defendant, Z. Booth, June 23, 1870, to foreclose the vendor’s lien for the purchase-money held by the appellant, as administrator of Polly Elliott, upon a certain tract of land described in the petition which, in the lifetime of the intestate, had been sold by her to said Booth. The defendant, Booth, on the 22d day of November, 1870, filed a general denial, general demurrer, and pleaded his discharge in bankruptcy from all debts which were provable on the 29th of December, 1868. The appellant…
1Opinion of the Court
Reeves, Associate Justice.
The appellees contend that Booth’s discharge, in bankruptcy satisfied or extinguished the debt due from him to Elliott, and that the vendor’s lien, which was but an incident to the debt, was thereby extinguished.
The tract of land on which the lien is claimed was sold and conveyed by William Elliott and wife to Z. Booth on the 28th day of December, 1866. The note on which the suit was brought bears the same date, is payable to William Elliott or bearer, and was given for the balance of the purchase-money on the land. The original petition was filed June 23,1870, about…
2Cases cited16 opinions
- Matter of WT Grant Co.United States Bankruptcy Court, S.D. New York · 1980
- Briscoe v. BronaughTexas Supreme Court · 1846
- Cleveland Trust Co. v. Keckler (In Re Keckler)United States Bankruptcy Court, N.D. Ohio · 1980
- Matter of PrimmUnited States Bankruptcy Court, D. Kansas · 1980
- McAlpin v. BurnettTexas Supreme Court · 1857
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pinkard v. P. J. Willis & Bro.Court of Appeals of Texas · 1900
- Hancock v. HendersonTexas Supreme Court · 1876
- Spring v. EisenachTexas Supreme Court · 1879
- Bassett v. ProetzelTexas Supreme Court · 1880
- David Wallace & Co. v. Bogel & Bro.Texas Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.