Riggs v. Hanrick
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. L. 0. Alexander. On February 23, 1877, Hanrick brought this suit against Wm. D. •Gaines, administrator of D. Y. Gaines, deceased, and against James Biggs, to recover land, or, in the alternative, to foreclose a vendor’s lien upon the same, etc.
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Appeal from Falls. Tried below before the Hon. L. 0. Alexander. On February 23, 1877, Hanrick brought this suit against Wm. D. •Gaines, administrator of D. Y. Gaines, deceased, and against James Biggs, to recover land, or, in the alternative, to foreclose a vendor’s lien upon the same, etc. Hanrick sold and conveyed to D. Y. •Gaines in 1869,- by deed expressing payment of part of the consid•eration, and that two notes of Gaines were taken to secure the balance, but retaining no. lien in the deed. The last note falling due ■January 1,1871, recited that it was given for the land. Gaines…
1Opinion of the Court
Watts, J. Com. App.—
So far as the case made by the petition •could affect the rights of appellant to the land, he could make any defense that would defeat the action against him, either by exceptions or answer to the merits. Burks v. Watson, 48 Tex., 111. The allegations of the petition showed that the sale of the land by Han-rick to David Y. Gaines was an executed contract. That is, notwithstanding the deed recited that part of the purchase money was •secured by the notes of Gaines, yet there was no lien retained in the deed. In such case it is now settled that the title to the land passed…
2Cases cited6 opinions
- President of the Bank of Alabama v. SimontonTexas Supreme Court · 1847
- Schmeltz v. GareyTexas Supreme Court · 1878
- Baker v. ComptonTexas Supreme Court · 1879
- Burks v. WatsonTexas Supreme Court · 1877
- Hodges v. TaylorTexas Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Holford v. PattersonTexas Supreme Court · 1923
- Cason v. ChambersTexas Supreme Court · 1884
- Flewellen v. CochranCourt of Appeals of Texas · 1898
- Gruner v. WestinTexas Supreme Court · 1886
- Kiel v. StaberCourt of Appeals of Texas · 1938
4 more not listed; retrieve them via the Exa API.