Preston v. Breedlove
Texas Supreme Court
Appeal from Grimes. Tried before the Hon. James B. Burnett. Breedlove sued Preston on three promissory notes, executed September 16, 1868, by Preston to W. IT. Smith, and indorsed by Smith, alleged to have been assigned before maturity, and also to enforce the vendor’s lien alleged to have been retained on six lots in the town of Davisota, for which the notes were given.
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Appeal from Grimes. Tried before the Hon. James B. Burnett. Breedlove sued Preston on three promissory notes, executed September 16, 1868, by Preston to W. IT. Smith, and indorsed by Smith, alleged to have been assigned before maturity, and also to enforce the vendor’s lien alleged to have been retained on six lots in the town of Davisota, for which the notes were given. Defendant answered by general denial, and specially that the notes were executed for the lots to Smith, who at the time executed to defendant a warranty deed for the lots, and agreed to take up and discharge a prior vendor’s…
1Opinion of the Court
Gould, Associate Justice.
One of the errors assigned is, that “ the verdict is too vague to support the judgment and decree of the° court.” H we should hold the verdict suffi.-. ciently certain as to the amount, there was still no finding in relation to the vendor’s lien claimed; and, inasmuch as there was a general denial, the verdict was clearly insufficient to support the decree of foreclosure. (May v. Taylor, 22 Tex., 348; McConkey v. Henderson, 24 Tex., 212; Bledsoe v. Wills, 22 Tex., 650; Burford v. Rosenfield, 37 Tex., 42.)
In reversing the case for this error it is proper to notice…
2Cases cited10 opinions
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Hall v. HallTexas Supreme Court · 1854
- Buchanan v. MonroeTexas Supreme Court · 1858
- May v. TaylorTexas Supreme Court · 1858
- Johnson v. BylerTexas Supreme Court · 1873
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3Cited by14 opinions
- McDonald v. MillerTexas Supreme Court · 1897
- Bradford v. KnowlesTexas Supreme Court · 1894
- King & Fordtran v. BrownTexas Supreme Court · 1891
- Wright v. WootersTexas Supreme Court · 1877
- Carter v. AttowayTexas Supreme Court · 1876
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