Brooks v. Young
Texas Supreme Court
Appeal from Hill. Tried below before the Hon. Jo Abbott. Suit brought by appellant to recover-$650 on a note, which on its face purported to be given to secure the payment of the purchase money of land described therein, and to enforce the vendor’s lien on the land.
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Appeal from Hill. Tried below before the Hon. Jo Abbott. Suit brought by appellant to recover-$650 on a note, which on its face purported to be given to secure the payment of the purchase money of land described therein, and to enforce the vendor’s lien on the land. The defense set up against the alleged lien denied that the transaction was in fact a sale of the land to the defendant, but alleged facts which showed that at the time when R. K. Brooks (since deceased, and who was the husband of the plaintiff) conveyed the land in question to, and received the note sued on from, the defendant,…
1Opinion of the Court
Walker, P. J. Com. App.
We withdraw the opinion in this case delivered at a previous day of this term, owing to a change of our minds as to the questions presented in the record. Our former opinion proceeded upon the mistaken assumption that the deed from Young and wife to Fancher had reserved the vendor’s lien, whereas we find it otherwise. The proper statement of the case in that respect is that the deed conveyed the title absolutely without making such reservation; it showed simply the amount of the consideration acknowledged to be paid, and also that part which remained unpaid, but it…
2Cases cited3 opinions
- Hicks v. MorrisTexas Supreme Court · 1882
- White v. ShepperdTexas Supreme Court · 1856
- Flaniken v. NealTexas Supreme Court · 1887
3Cited by10 opinions
- Hume v. Le CompteCourt of Appeals of Texas · 1911
- O'Fiel v. JanesCourt of Appeals of Texas · 1920
- Uptmor v. JanesCourt of Appeals of Texas · 1948
- Blesse v. WesselsCourt of Appeals of Texas · 1929
- Buelin v. SmithCourt of Appeals of Texas · 1927
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