Van Calvert & Co. v. McKinney

Texas Commission of Appeals

Van Calvert & Co. v. McKinney

2 Posey 345

CourtTexas Commission of Appeals

DecidedJuly 1, 1882

DocketNo. 3090

StatusPublished

This text of 2 Posey 345 (Van Calvert & Co. v. McKinney) is published on Counsel Stack Legal Research, covering Texas Commission of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Calvert & Co. v. McKinney, 2 Posey 345 (Tex. Super. Ct. 1882).

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Opinion

Opinion.—It appears from the brief of appellants that the court below sustained the demurrer upon two grounds: 1. That appellants do not come within the description of persons to whom the lien is given by the act of November 17, 1871. P. D., art. 7112. 2. That the McKinneys and Travis purchased before the li„en was fixed; that they were innocent purchasers, and as to them the lien has no effect.

Both these questions seem to be decided adversely to this view in the cases of Gaylord v. Loughridge and Huck v. Gaylord, 50 Tex., 573 and 578.

Reversed and remanded.

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Opinion.—It appears from the brief of appellants that the court below sustained the demurrer upon two grounds: 1. That appellants do not come within the description of persons to whom the lien is given by the act of November 17, 1871. P. D., art. 7112. 2. That the McKinneys and Travis purchased before the li„en was fixed; that they were innocent purchasers, and as to them the lien has no effect.

Both these questions seem to be decided adversely to this view in the cases of Gaylord v. Loughridge and Huck v. Gaylord, 50 Tex., 573 and 578.

Reversed and remanded.

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2 Posey 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-calvert-co-v-mckinney-texcommnapp-1882.

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