R. B. Godley Lumber Co. v. C. C. Slaughter Co.
Court of Appeals of Texas
Appeal from District Oourt, Smith County; J. R. Warren, Judge. Action by the C. C. Slaughter Company against the R. B. Godley Lumber Company and another. From a judgment for plaintiff, defendants appeal. Appellee company sued the appellant company and W. M. C. Hill, trustee in bankruptcy, on April 19, 1915, in trespass to- try title to certain described tracts of land.
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Appeal from District Oourt, Smith County; J. R. Warren, Judge. Action by the C. C. Slaughter Company against the R. B. Godley Lumber Company and another. From a judgment for plaintiff, defendants appeal. Appellee company sued the appellant company and W. M. C. Hill, trustee in bankruptcy, on April 19, 1915, in trespass to- try title to certain described tracts of land. The petition further set up that the appellee was the owner and holder of a vendor’s lien note against the land, and that, if appellee be denied recovery of the land itself, then judgment for the debt be rendered with…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1-6] Appellant insists that the final judgment in the action of C. C. Slaughter, Jr., v. R. B. Godley Lumber Company, works an estoppel by res adjudicata against the partios to this suit for the recovery of the same land. It .is believed the contention should be overruled. As decided by the court on the merits of that suit, that as C. C. Slaughter, Jr., was the assignee of the vendor’s lien note without transfer to him of the superior legal title to the land by or through the Kansas City Life Insurance Company, he was not entitled to have the legal title…
2Cases cited10 opinions
- Howards v. DavisTexas Supreme Court · 1851
- White v. ColeTexas Supreme Court · 1895
- Hamblen v. FoltsTexas Supreme Court · 1888
- Connoly v. HammondTexas Supreme Court · 1882
- Connolly v. HammondTexas Supreme Court · 1879
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3Cited by9 opinions
- Howard v. StahlCourt of Appeals of Texas · 1919
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