Ryall v. Griffin
Texas Commission of Appeals
Statement.— Griffin sued Eyall upon several notes, among others one for $2,186, gold, with ten per cent, interest from March 1, 1871, which is credited with $950. This note, it is alleged, was given for the purchase money of a tract of land described in his petition, and he prays a foreclosure of the vendor’s lien and sale of the land in satisfaction thereof. The defendant answered the general denial.
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Statement.— Griffin sued Eyall upon several notes, among others one for $2,186, gold, with ten per cent, interest from March 1, 1871, which is credited with $950. This note, it is alleged, was given for the purchase money of a tract of land described in his petition, and he prays a foreclosure of the vendor’s lien and sale of the land in satisfaction thereof. The defendant answered the general denial. At the second term of the court after service of the writ, he amended his answer, pleading several payment and offsets, and set up that plaintiff was indebted to the heirs of Giltner, who lived…
1Opinion of the Court
*682Opinion.— 1. It was not error to refuse to continue the cause; the application was made too late, and no reason shown why proper diligence was not used. But the application had no merit. For aught that appears Ryall bought the land with the incumbrance and with a warranty deed, and it is not shown that he is in danger of eviction, or that his vendor is not able to make good any loss he may suffer in consequence. If he feared injury on account of the outstanding debt to the Giltner heirs and circumstances entitled him -to any larger relief than his warranty deed gave him, his remedy was to…
2Cases cited1 opinion
- Pillow v. ThompsonTexas Supreme Court · 1857