Cordova v. Hood
Supreme Court of the United States
Appeal from the Circuit Court for the "Western District of Texas, on a decree dismissing a bill filed to enforce a vendor’s lien. The case was thus: On the 4th of March, 1859,33. 0-. Shields, by instrument of writing, “bargained and sold to G. M. Hood” (bothparties, being of Texas) a tract of land in that State, described, “ for the sum of $27,000, lo be pgM by the said Hood as follows.”
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Appeal from the Circuit Court for the "Western District of Texas, on a decree dismissing a bill filed to enforce a vendor’s lien. The case was thus: On the 4th of March, 1859,33. 0-. Shields, by instrument of writing, “bargained and sold to G. M. Hood” (bothparties, being of Texas) a tract of land in that State, described, “ for the sum of $27,000, lo be pgM by the said Hood as follows.” Certain drafts and notes to be given by Hood were then specified; among the notes one for $9000, payable at the Union Baiik, New Orleans, April 9th, 1862. The deed ended with a covenant that “ on the…
1Opinion of the CourtJustice Strong
The appellees must be held to have had notice of whatever equities were revealed in the line of their title. They claim through a conveyance from Hood, Sr., who had purchased from Shields in 1859, and the deed from Shields plainly exhibited the fact that the purchase-money remained to be paid. It contained not even a receipt for the consideration of the sale. In form it was a deed of bargain and sale, but there was not'enough in it to show that the use was executed in the vendee. . On the contrary, it recites a consideration “ to be paid” in instalments at subsequent dates, for which a draft…
2Cases cited5 opinions
- McAlpin v. BurnettTexas Supreme Court · 1857
- McAlpine v. BurnettTexas Supreme Court · 1859
- Parker County v. SewellTexas Supreme Court · 1859
- Moore v. RaymondTexas Supreme Court · 1855
- Mays v. HoganTexas Supreme Court · 1849
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- Lamar's Ex'or v. HaleSupreme Court of Virginia · 1884
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