McConkey v. Henderson

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Error from Tarrant. Tried below before the Hon. Hat. M. Burford. This was a suit by D. C. Henderson against John McConkey, on a promissory note, and to enforce the vendor’s lien on three tracts of land described in the petition, in payment of the purchase-money of which, it was alleged in the petition, the note was given.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

How this case has been cited

Cited by 6 later decisions — most recently August 1977

6 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.

¶1A judgment in a court of record, must be founded on sufficient facts, legally ascertained. The. verdict omits a material part of the facts which are necessary to sustain the judgment, to wit, that the note sued on was given in payment of the purchase-money of the land described in the petition. Without such finding, the decree of. the court enforcing the vendor’s lien is without foundation.

¶2The error of the court, in amending the verdict and judgment, by the note and other papers in the cause, though manifest, is not assigned as error, and, therefore, is not subject to revision.

¶3For the insufficiency of _ the verdict to sustain the decree enforcing the vendor’s lien, the judgment must be reversed and the cause remanded.

¶4Reversed and remanded.