Kluth v. Kirkpatrick
Court of Appeals of Texas
Error from District Court, Bexar County; Robert W. B. Terrell, Judge. Suit by J. H. Kirkpatrick against Herman F. Kluth to recover certain lots, and in the alternative to recover on two vendor’s lien notes, and to foreclose a vendor’s lien on said lots. Judgment for plaintiff, and the defendant brings error.
1Opinion of the Court
ELY, O. J.
J. H. Kirkpatrick sued Herman E. Kluth to recover lots 30, 31, and 32 in block 31, city block 3514, San Fernando addition to city of San Antonio and in the alternative to recover on two vendor lien notes for $183.33 each, and to foreclose the vendor’s lien on said lots. Kluth pleaded limitation of four years as against both notes. No jury being demanded, the cause was heard by the court, and judgment rendered in favor of Kirkpatrick for $577.10 and foreclosure of the vendor’s lien.
Kirkpatrick conveyed to Kluth, on April 26, 1913, the' lots herein described, reserving in the deed a…
2Cases cited2 opinions
- Ricker, Lee & Co. v. ShoemakerTexas Supreme Court · 1891
- Veramendi v. HutchinsTexas Supreme Court · 1878
3Cited by2 opinions
- Reynolds v. AlcornCourt of Appeals of Texas · 1980
- Ley v. LeyCourt of Appeals of Texas · 1933