Beck v. Tarrant
Texas Supreme Court
Appeal from Collin. Tried below before the Hon. Bichard Maltbie. January 11, 1876, Hardin Hart sold S. M. Loggins one hundred and sixty acres of land, and executed a deed to the same. Loggins, in part payment for the land, gave his note to Hart for $340, due January 1, 1879. The deed recited the note, and the note referred to the land.
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Appeal from Collin. Tried below before the Hon. Bichard Maltbie. January 11, 1876, Hardin Hart sold S. M. Loggins one hundred and sixty acres of land, and executed a deed to the same. Loggins, in part payment for the land, gave his note to Hart for $340, due January 1, 1879. The deed recited the note, and the note referred to the land. The deed was recorded October 16, 1876. Loggins sold the land to Calvin and Thomas Stacy, and made them a joint deed which was recorded October 16, 1876. At that time Calvin and Thomas Stacy knew of the note to Hart, and the deed from Hart to Loggins. The…
1Opinion of the Court
Willie, Chief Justice.—
One of the principal points raised in this case has been already decided in the case of Slaughter v. Owens, 2 Texas Law Review, p. 285.
In that case the makers of a note secured by a vendor’s lien had been sued within the period of limitation and a personal judgment had been obtained against them. Subsequently, and after limitation would have barred a recovery upon the note, but not upon the judgment, a proceeding was commenced to revive the latter and enforce the vendor’s lien as against a purchaser from the original vendees of the land for which the note was given. It…
2Cited by6 opinions
- Hanrick v. GurleyTexas Supreme Court · 1900
- Ater v. KnightCourt of Appeals of Texas · 1920
- Darrow v. SummerhillTexas Supreme Court · 1899
- Biswell v. GladneyCourt of Appeals of Texas · 1916
- Vackar v. Supreme Lodge of Slavonic Benev. Order of StateCourt of Appeals of Texas · 1932
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