The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 67 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...WILLIE, CHIEF J USTICE. This case was before us on a former occasion, and is reported in 59 Texas, page 199. We then held that the agreement that Dunman should gather one thousand head of cattle out of the stock of Coleman & Stockley, in part payment of the purchase money of the stock of cattle sold by him to them, subjected the former stock to a lien or charge to the extent of the value of the thousand head to be gathered from it. The cause was remanded for a new trial, and when again heard, the court below gave effect to the agreement in accordance with the decision of this court. The district judge held further that the lien of the agreement took precedence over any claim upon the same stock of cattle held by the appellants; and this ruling presents the only question for decision upon this appeal. The agreement between appellants and Coleman & Stockley, by which the former assumed payment of Dunman's note to Thomas Coleman took place, between the time when the contract of sale was agreed upon between Dunman and Coleman & Stockley, and the time when it was consummated by a delivery of the bill of sale. It was found by the judge that Dunman had no notice of this agreement till after the bill of sale was delivered, and this is not disputed. Dunman's lien was contracted for when the trade between him and Coleman & Stockley was agreed upon. It certainly took effect when the trade was consummated. It was futher found by the judge that Mathis, of the firm of Coleman, Mathis 8: Fulton, knew at the trial that firm agreed to pay the note held by Thomas Coleman; that Dunman was to have a lien upon the thousand head of cattle owned by Coleman & Stockley, including those sold to them by Dunman. There was some...