92 YAKBOROUGH v. WOOD. [Tyler Term,
Opinion of the court.
"That said-Matthew Wood agrees to pay to the order of
George Yarborough the balance of nineteen hundred and
sixty-three dollars, with ten per cent. interest on said balance
from date, after paying all legal debts or judgments
against Hugh Yarborough, for which the land was sold.
Tyler, December 4, 1861.
"(Signed) MATTHEW WOOD."
Appellant claimed that this instrument was executed to
George Yarborough as his agent, and in payment for his
land; that the debt was due to him, and asked for the enfcrcement
of a vendor's lien claimed to exist in his favor.
It appears from the pleadings and evidence that a tract of
320 acres of land was levied on by virtue of two executions
against Hugh Yarborough, amounting together to
the sum of $109, and on the day of December, 1861,
was sold by virtue of said executions, and bid off by
George Yarborough, for the sum of $1,963.50. George
Yarborough arranged with appellee, Wood, to take the
land at his bid, and pay to the sheriff the amount of the
executions under which the land was sold. It seems that
George Yarborough, as agent for his brother Hugh, had
also arranged with the sheriff that the payment of the ex,
cess of his bid over the amount of the executions should
not be required in cash, and this privilege he extended to
Wood. Wood accordingly executed the instrument sued
on, paid the executions, and received the sheriff's deed
directly to himself. He subsequently paid off two other
judgments against Hugh Yarborough, at the request of
George, amounting to $152.50. Defendant,Wood, claimed
also to have dealt with George Yarborough as the owner
of his obligation, and claimed credit for various claims
against him. The verdict was as follows:
"We, the jury, find for the plaintiff $1,697.75; and we
further find that the land described in the plaintiff's petition
was sold by the sheriff of Smith county, as sheriff, by
virtue of two executions, and it was sold at public auction;
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed December 8, 2013.