Kress v. Soules

On Motion for Rehearing by Appellants Kress and Rouse

Appellants say that we are in error in holding that Mr. and Mrs. Martens were purchasers pendente lite. They bought after the lis pendens notice was filed but before their vendors, Kress and Rouse, had been served with process. They cite Houston Chronicle Publishing Company v. Bergman, Tex.Civ.App., 128 S.W.2d 114 (Gal.C.C.A., writ dism., C.J.), Barker v. Temple Lumber Co., 120 Tex. 244, 37 S.W.2d 721 and Gulf Oil Corp. v. State, Tex.Civ.App., 170 S.W.2d 798 (El Paso, C.C.A., no writ).

These cases were decided subsequent to 1927 when Article…