Smith v. McDaniel
Court of Appeals of Texas
Error to District Court, McLennan County; Tom L. McCullough, Judge. Action to foreclose a vendor’s lien by R. McDaniel against Sallie Smith. Judgment for plaintiff, and defendant brings error.
1Opinion of the CourtKey, C. J.
R. McDaniel, the defendant in error, sued Sallie Smith, the plaintiff in error, and on September 13, 1912, obtained a judgment foreclosing a vendor’s lien on certain real estate which was sold under an order of sale and bought in by McDaniel. On May 14, 1913, Sallie Smith filed a motion seeking to have the judgment and sale set aside. The trial court sustained a general demurrer to her motion, and she attempted to appeal. It seems, however, that the minutes of the court did not show that notice of appeal had been given, and therefore she instituted a proceeding, alleging that notice of appeal…
2Cases cited12 opinions
- McMurray v. McMurrayTexas Supreme Court · 1887
- Overton v. BlumTexas Supreme Court · 1878
- Goss v. McClarenTexas Supreme Court · 1856
- Seguin v. MaverickTexas Supreme Court · 1859
- Taylor, Knapp & Co. v. ForeTexas Supreme Court · 1874
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3Cited by4 opinions
- Stanley v. SpannCourt of Appeals of Texas · 1929
- Eric Drake v. Seana Willing, Texas Court of Appeals, 3rd District (Austin)2015
- Eric Drake v. Seana Willing, Texas Court of Appeals, 3rd District (Austin)2015
- Fidelity Lumber Co. v. EwingCourt of Appeals of Texas · 1918