Salmon v. Downs
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. A. S. Broaddus. The agreed statement of facts is as follows: John McLennan sold a tract of land, situated in Mc-Lennan county, Texas, to Thos. J. Harris, on the 25th day of June, 1859. He took three promissory notes for the purchase money, each note for the sum of §2,300, payable respectively on January 1, 1860, January 1,1861, and January 1, 1862, each bearing ten per cent, interest.
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Appeal from McLennan. Tried below before the Hon. A. S. Broaddus. The agreed statement of facts is as follows: John McLennan sold a tract of land, situated in Mc-Lennan county, Texas, to Thos. J. Harris, on the 25th day of June, 1859. He took three promissory notes for the purchase money, each note for the sum of §2,300, payable respectively on January 1, 1860, January 1,1861, and January 1, 1862, each bearing ten per cent, interest. A vendor’s lien on the land was retained to secure the payment of the purchase money. The first note was paid to McLennan at maturity. The third note was…
1Opinion of the Court
Quinan, J. Com. App.
The question presented in this case is whether, when a vendor of land takes notes for the purchase money, and holds a vendor’s lien as secur*247ity, and afterward indorses and assigns one of the notes and retains the others, and the land is sold to pay the purchase money, has such indorser and assignor a right to share in the proceeds of sale before the note assigned by him is fully paid and satisfied?
Whatever uncertainty may have attended the solution of this question hitherto, it is believed that the matter is now settled by the decisions of our court, and that with us the…
2Cases cited6 opinions
- McDonough v. CrossTexas Supreme Court · 1874
- White, Smith & Baldwin v. DownsTexas Supreme Court · 1874
- Robertson v. GuerinTexas Supreme Court · 1878
- Delespine v. CampbellTexas Supreme Court · 1879
- Delespine v. CampbellTexas Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Timmins v. Bonner & LongTexas Supreme Court · 1883
- Douglass v. BlountTexas Supreme Court · 1902
- Domeyer v. O'ConnellIllinois Supreme Court · 1936
- Perry v. DowdellCourt of Appeals of Texas · 1905
- Douglass v. BlountTexas Supreme Court · 1900
12 more not listed; retrieve them via the Exa API.