The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 50

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ... by him, had notice of the vendor's lien for the $400 unpaid. By amended petition, filed January 18, 1877, the plaintitf virtually abandoned his action of trespass to try title, (and which, i11 argument in open court, counsel admitted was not then relied up0n, ) and sought to subject said land to the vendor's lien for said $400. In this amended petition the piaintifl? alleged, substantially, that the said Lewis H. Carver having departed this life, plaintiff recovered judgment, on the 11th of August, 1871, against his heirs for the sum of $776, principal and interest of said note, and enforcing the vendor's lien on said three hundred and fifteen acres of land; and for execution-against said heirs for any remainder, to be levied on any property in their hands belonging to the estate of said Lewis H. Carver; that under order of sale on said judgment the plaintifi, on November 7, 1871, purchased the whole of said land, including that claimed by defendant, for the sum of $267.50. The plaintiff, in said amended petition, prayed that in the event he could not recover the land on his original petition, the same be again sold to enforce his vendor's lien. The defendant Pitman was not made a party to said suit against said heirs of Carver, and they were not made parties to this suit. To said amended petition the defendant, both by special exception and answer, set up the statute of limitation of four years against said claim of plaintifi', upon which he sought to enforce the vendor's lien. On August 8, 1878, this suit came on for trial, was submitted to the court, and judgment was rendered for plaintiff establishing as due from said heirs of Lewis H. Carver the sum of $1,205.40, setting aside the first sale as to the...
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Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236743431
  • 9781236743435