Moore v. Raymond

• Court: Texas Supreme Court
• Writing for the Court: WHEELER
• Citation: Moore v. Raymond, 15 Tex. 554 (Tex. 1855)
• Decision Date: 01 January 1855
• Parties: G. B. MOORE AND OTHERS v. J. H. RAYMOND.

15 Tex. 554

G. B. MOORE AND OTHERS

v.J. H. RAYMOND.

Supreme Court of Texas.

1855.

The assignment by blank indorsement of a note, given for the purchase money of land, carries with it the vendor's lien. In this case the note purported on its face to have been given for part of the purchase money of the property on which the lien was claimed.

Where A and B, having taken a conveyance of certain real estate, were heard talking about some outstanding liabilities against the property, A speaking to B about two $500 notes, on which he said he had paid some, and that B must make arrangements to pay some; but witness did not know what notes were referred to, nor hear any reply from B, it was held that there being no evidence of any other transaction to which the conversation could have related, prima facie it must be taken, for the purpose of proving notice to B, to have had reference to the lien of the plaintiff, which was on a note for $500, to which A himself was a party. [17 Tex. 216;19 Tex. 497.]

Appeal from Travis. 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 Glasscock and Blakey, in April, 1854. Shortly after this Glasscock paid three hundred dollars on the note.

Raymond 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.

At the spring term, 1855, the cause was heard, and the court decreed a foreclosure of the lien against the defendants, for the debt and interest, and provided for execution to issue against Moore and for the judgment being filed as a just claim against Glasscock's estate, he being then dead.

A witness for the plaintiff testified that after the purchase of the property by Glasscock and Blakey from Moore, he heard G. and B. talking about some outstanding liabilities; he heard G. speak to B. about two $500 notes on which G. said he had paid some, and told B. that he, B., must make arrangements to pay some; witness did not know what notes nor for what given were referred to in said conversation; he heard Blakey say nothing about the matter.

The defendants called plaintiff's attorney, who testified that when he received the note it was indorsed in blank, without date, and that he, since the institution of the suit and since the death of Glasscock, filled up the...