CHESWICK v. WEAVER

No. 5063.

280 S.W.2d 942 (1955)

Peter P. CHESWICK and Frank H. Galik, Appellants, v. C. A. WEAVER and Lee Carroll, Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied June 23, 1955.


Attorney(s) appearing for the Case

Peter Cheswick, Houston, for appellant.

V. A. Collins, Livingston, for appellees.


WALKER, Justice.

Plaintiffs sued to foreclose a judgment lien. After the judgment was abstracted, the judgment debtor bought the land in suit from Fortenberry, giving Fortenberry his note, payable in installments, for a part of the price and Fortenberry made him a general warranty deed to the land, which, however, reserved a vendor's lien as security for the note. The debtor subsequently conveyed the land to the defendant Weaver, subject to the lien, and Weaver assumed...

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