Johnson v. Byler
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. Henry Maney. On the twentieth day of November, 1857, the appellee sold the land in controversy to P. A. and Martha R. Swan for the sum of $2525, which was evidenced by three promissory notes for $875 each, dated November 20,1857, and due at one, two and three years. Appellee and the Swans lived in Guadalupe county when the trade was made.
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Appeal from Caldwell. Tried below before the Hon. Henry Maney. On the twentieth day of November, 1857, the appellee sold the land in controversy to P. A. and Martha R. Swan for the sum of $2525, which was evidenced by three promissory notes for $875 each, dated November 20,1857, and due at one, two and three years. Appellee and the Swans lived in Guadalupe county when the trade was made. Appellee made to the Swans a deed with full covenants of warranty to the land, reciting that the notes were the consideration of the sale, and stating the respective dates at which the same were to be due.…
1Opinion of the CourtWalker, J.
We disposed of the case of Jones v. Huff at the last term of this court, and we have nothing now to do with it except to express the hope that we may be indulged in the vanity of congratulating ourselves that both parties acquiesce in the decision, and claim something under it to help them out in the present case.
We think, however, that this case must stand or fall by its own merits.
In the fall of 1857 the appellee sold the land in controversy, on deferred payments, to P. A. and Martha R. Swan. The vendor’s lien was reserved to secure the *609notes, which matured in one, two and three years; and…
2Cases cited2 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Preston v. MannSupreme Court of Connecticut · 1856
3Cited by18 opinions
- Mayer v. RamseyTexas Supreme Court · 1876
- Shaller v. AllenCourt of Appeals of Texas · 1925
- Tanner v. ImleCourt of Appeals of Texas · 1923
- City of Mesquite v. RawlinsCourt of Appeals of Texas · 1966
- Sigel v. Buccaneer Hotel Co.Court of Appeals of Texas · 1931
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