Bedford v. Rayner Cattle Co.
Court of Appeals of Texas
The Rayner Cattle Company brought the suit against Bedford to recover on notes alleged to be given in consideration of a quit-claim deed to land, and for foreclosure of the vendor’s lien thereon. Defendant pleaded general denial and failure of title. The court directed a verdict for plaintiff for the amount of the notes and gave judgment therefor, with foreclosure of lien, from which defendant appealed.
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The Rayner Cattle Company brought the suit against Bedford to recover on notes alleged to be given in consideration of a quit-claim deed to land, and for foreclosure of the vendor’s lien thereon. Defendant pleaded general denial and failure of title. The court directed a verdict for plaintiff for the amount of the notes and gave judgment therefor, with foreclosure of lien, from which defendant appealed. The appellant was in possession of the land in controversy at the time of his purchase, holding the same adversely to appellee. The land was originally State school land. Appellee claimed…
1Opinion of the Court
COLLARD, Associate Justice.
— The statement of the case as made in appellant’s brief is correct and concurred in by appellee.
The note was executed as stated in the petition, and the amounts paid as alleged. The deed of the company to Bedford, dated 24th day of July, 1890, recited the consideration as $138.20 paid, and $552.80 secured and to be paid by his promissory note of even date, bearing ten per cent interest per annum from date, due 24th of July, 1894, payable in four installments of $138.20 of principal and all interest, on the 24th days of July, 1891, 1892, 1893 and 1894, respectively;…
2Cases cited6 opinions
- Garrett v. ChristopherTexas Supreme Court · 1889
- Claiborne v. TannerTexas Supreme Court · 1856
- Lamb v. JamesTexas Supreme Court · 1895
- Trimble v. MillerTexas Supreme Court · 1859
- Handel v. ElliottTexas Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hamilton v. HamiltonTexas Supreme Court · 1955
- Benskin v. BarksdaleTexas Commission of Appeals · 1923
- Gulf Production Co. v. StateCourt of Appeals of Texas · 1921
- Rayner Cattle Co. v. BedfordTexas Supreme Court · 1898
- J. M. Radford Grocery Co. v. ShawCourt of Appeals of Texas · 1928
5 more not listed; retrieve them via the Exa API.