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15 Tex. 554

Moore v. Raymond

Texas Supreme Court

Decided July 1, 1855

Texas Supreme Court · decided 1855-07-01

Glasscock sold part of a lot to Moore, who gave his note for five hundred dollars as part payment. Glasscock indorsed this note to Raymond in blank. Before any part of it was paid, Moore reconveyed the lot to Glass-cock and Blakey in April, 1854. Shortly after this Glasscock paid three- hundred dollars on the note. Baymand brought suit for the balance, praying the foreclosure of the vendor’s lien in his behalf and for judgment against Glasscock and Moore for his debt.

Good law ✅— No negative treatment on recordhow we know

Decided 1855-07-01

How this case has been cited

Cited by 4 later decisions — most recently November 1926

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wheeler, J.

¶1The principal and only question of any difficulty or importance is, whether the assignment of the note carried with it the vendor’s lien for the purchase money ; and we are of opinion that it did. The subject was sufficiently examined and considered in a case lately decided at Tyler ; and the argument need not be here repeated.

¶2The filling up of the blank indorsement with the words used, . did not change the liability created bylaw upon the indorser ; nor does it appear that it was not in exact conformity to the agreement under which the indorsement was made.

¶3As respects the evidence of notice, it was, we think, prima facie sufficient. Upon the reconveyance of the property to Glasscock and Blakey, the note, which was a lien upon it, not having been paid, it was to be expected that they would assume its payment j and there can be but little doubt, that that was the subject of the conversation detailed by the witness. There being no evidence of any other transaction to which it could have related, prima facie, it must be taken to have had reference to the payment of this debt.

¶4We are of opinion that there is no error in the judgment and it is affirmed.

¶5Judgment affirmed.

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