Murray v. Able

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Error from Cherokee. Tried below before the Hon. John H.Reagan. There were two notes for $1500 each; the tract of land contained six hundred and forty acres. The case was decided on a demurrer to the pleadings, and the presumption from the pleadings was, that the notes were for all the purchase money.

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

How this case has been cited

Cited by 4 later decisions — most recently June 1932

4 state decisions

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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Roberts, J.

¶1Able sues for the use of Mills & Jockusch, on notes given to Able in the purchase of land, and the vendor’s lien on the land is expressly reserved in the notes. The petition, seeking to enforce the lien, is excepted to, because the notes being transferred for value, and being payable to bearer, the lien did not pass with the notes to Mills & Jockusch.

¶2It has been decided that a party holding a negotiable note, under a written indorsement from the payee, has acquired and may enforce the vendor’s lien. (1 Moore v. Raymond, 15 Tex. R. 554.) At this Term of the Court, the same has been decided in favor of one holding a note payable to bearer.

¶3This having, until lately, been considered a doubtful question, and having been raised and relied on below, judgment will be affirmed without damages.

¶4Judgment affirmed.