Sullivan v. Doyle
Texas Supreme Court
Error to the Court of Civil Appeals for the Seventh District in an appeal from Deaf Smith County. Sullivan and wife sued Doyle and McKinley on a note and for foreclosure, making Botts and the bank and trust company defendants as claimants of adverse liens. Botts and Doyle, by cross-action, asserted superior liens. The liens were foreclosed, that of Botts being given preference, that of the plaintiffs next, and Doyle being denied recovery.
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Error to the Court of Civil Appeals for the Seventh District in an appeal from Deaf Smith County. Sullivan and wife sued Doyle and McKinley on a note and for foreclosure, making Botts and the bank and trust company defendants as claimants of adverse liens. Botts and Doyle, by cross-action, asserted superior liens. The liens were foreclosed, that of Botts being given preference, that of the plaintiffs next, and Doyle being denied recovery. He appealed and the judgment was reversed (150 S. W., 473). Sullivan and wife then obtained writ of error.
1Opinion of the Court
Me. Chiee Justice PHILLIPS
delivered the opinion of the court.
Louis E. Botts conveyed land to Grant Doyle for which Doyle, in part payment, gave three vendor’s lien notes. Later, Doyle conveyed the land to H. B. McKinley, who assumed the payment of the second and third of the notes given by Doyle to Botts,—the- first one having been paid, and also gave Doyle his vendor’s lien note in a certain amount. The second of the notes in Botts’ favor having matured, the trial court found,—and there was some evidence to such effect,—that at McKinley’s request C. L. Sullivan furnished him the money for…
2Cases cited5 opinions
- Fievel v. ZuberTexas Supreme Court · 1887
- W. M. Cason & Bro. v. ConnorTexas Supreme Court · 1892
- Roller v. RiedTexas Supreme Court · 1894
- Downer v. MillerWisconsin Supreme Court · 1862
- Mills v. SwearingenTexas Supreme Court · 1887
3Cited by65 opinions
- Baker v. Monsanto Co.Texas Supreme Court · 2003
- Early v. CorneliusTexas Supreme Court · 1931
- Wright v. JonesTexas Commission of Appeals · 1932
- Davis v. Wichita State Bank & Trust Co.Court of Appeals of Texas · 1926
- Barnsdall Oil Co. v. HubbardTexas Supreme Court · 1937
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