Gannon v. Northwestern Nat. Bank

• Decision Date: 09 February 1892
• Citation: 18 S.W. 573
• Parties: GANNON <I>et al.</I> v. NORTHWESTERN NAT. BANK.
• Court: Texas Supreme Court

18 S.W. 573

GANNON et al. v. NORTHWESTERN NAT. BANK.

Supreme Court of Texas.

February 9, 1892.

Commissioners' decision. Section B. Appeal from district court, Dallas county.

Suit by the Northwestern National Bank against James J. Gannon, John Gannon, and the Dallas Brewing Company to recover on a note, and to foreclose a lien on real estate for which the note was given. Judgment for plaintiff. Defendants appeal. Affirmed.

Watts, Aldredge & Eckford, for appellants. Robertson & Coke, for appellee.

FISHER, J.

This suit was instituted by appellee against James and John J. Gannon and the Dallas Brewing Company as defendants. The petition in substance alleges that James and John Gannon, on the 9th day of June, 1886, executed their promissory note, payable to the order of Frederick W. Wolf, on or before July 15, 1889, for the sum of $13,500, with interest at the rate of 6 per cent. per annum; that said note was given in part payment of certain lands situated in Dallas, with a vendor's lien thereon to secure said note; that the Dallas Brewing Company is asserting some pretended claim to the land; that the note, before maturity, was in good faith, for a valuable consideration, purchased by appellee from Wolf; prays for judgment against the Gannons for amount of the note and interest, and against all the defendants foreclosing the vendor's lien. The appellants answered by general and special demurrers and general denial, and admitted the execution and delivery of the note, and that it was given in consideration of certain lands purchased by the Gannons from Wolf, for which he executed and delivered to them his deed conveying said lands; and further avers that at the time they purchased the property Wolf covenanted in his deed to the Gannons that the property was free from all liens and incumbrances; that said covenant is violated and broken, in that one P. J. Butler holds prior lien on said property in the sum of $6,080; that the lien of said Butler was for material furnished one Wagenhouse, the then owner of said property, and that the said Butler had instituted suit in the district court of Dallas county against said Wagenhouse to foreclose said lien, and that November 23, 1886, judgment was rendered in favor of Butler for the amount sued for and for a foreclosure of the lien; that Wolf purchased the property by and through Wagenhouse; that said judgment is a valid and subsisting lien and incumbrance on said property, superior to the right acquired by the defendants by the purchase of the property from Wolf;...