Johnson v. Townsend
Texas Supreme Court
Appeal from Eastland. Tried below before Hon. L. W. Campbell, Special District Judge. This is a suit by J. T. Townsend, appellee, against H. Johnson, appellant, on a note executed by appellant (defendant below) to A. Lawrance or bearer for $133, on January 17,1884, and bearing 10 per cent interest per annum from date, and to foreclose vendor’s lien upon land described in the petition.
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Appeal from Eastland. Tried below before Hon. L. W. Campbell, Special District Judge. This is a suit by J. T. Townsend, appellee, against H. Johnson, appellant, on a note executed by appellant (defendant below) to A. Lawrance or bearer for $133, on January 17,1884, and bearing 10 per cent interest per annum from date, and to foreclose vendor’s lien upon land described in the petition. The note contains the following: “The above is given in lieu of two notes that were given for the purchase money of a certain tract of land sold to H. Johnson by A. Lawrance and deeded by J. E. Thomas, which…
1Opinion of the Court
COLLARD, Judge.
—It has been repeatedly decided in this State that where one sells land to another and the purchase money is paid by a third person, to whom the vendee gives a note for the purchase money reserving a vendor’s lien, the note and lien are good in the hands of such third person; and where such note is renewed, still reserving the lien, the note and lien may be enforced. The appellant insists that there can be no lien to secure the payment of the note sued on, because when the two notes for which it was substituted were given by Johnson, J. E. Thomas and those under whom he claimed…
2Cases cited1 opinion
- Gambrell v. SteeleTexas Supreme Court · 1881
3Cited by5 opinions
- Edwards v. Old Settlers' Ass'nCourt of Appeals of Texas · 1914
- Baldwin v. RileyCourt of Appeals of Texas · 1908
- Roberts v. PratherCourt of Appeals of Texas · 1913
- Savoy v. BrewtonCourt of Appeals of Texas · 1893
- International Building & Loan Ass'n v. HardyCourt of Appeals of Texas · 1896