Gaines v. Mensing, Stratton & Co.
Texas Supreme Court
Appeal from Wise. Tried below before the Hon. W. H. Bullock, Special Judge. Mensing, Stratton & Co. recovered a judgment in the district court of Wise county against E. P. Gaines for $213.61, foreclosing a vendor’s lien upon certain lands described therein, and for costs. An order of sale was issued thereon August 12,1884, which was returned by the sheriff satisfied.
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Appeal from Wise. Tried below before the Hon. W. H. Bullock, Special Judge. Mensing, Stratton & Co. recovered a judgment in the district court of Wise county against E. P. Gaines for $213.61, foreclosing a vendor’s lien upon certain lands described therein, and for costs. An order of sale was issued thereon August 12,1884, which was returned by the sheriff satisfied. September 3, 1884, the attorneys of Mensing, Stratton & Co. indorsed a receipt upon the judgment of full payment, and therein released the lien, etc. This proceeding was commenced November 18, 1884, by Terrell and others, who…
1Opinion of the Court
Watts, J. Com. App.
Obviously the judgment rendered by the court below in this proceeding has no foundation whatever in law.
The judgment rendered in the original suit in favor of Mensing, Stratton & Co. against E. P. Gaines et al. was for the note, principal and interest, a foreclosure of the vendor’s lien and cost of suit. Upon that judgment an order of sale was duly issued and placed in the hands of the sheriff, and he returned the same satisfied, the defendant, as stated in the return, having paid to him “ the amount of the within judgment, interest and cost.”
The appellees claimed that…
2Cases cited1 opinion
- Houston & G. N. R. R. Co. v. JonesTexas Supreme Court · 1876