Texas Supreme Court July 1, 1885, Case No. 1892 (Whitehead v. Fisher, Garrity & Huey)

Srayton, Associate Justice.

The note which Whitehead transferred to Garrity & Huey was the one first maturing of two which Fisher had executed to Whitehead for a tract of land conveyed by a deed which expressly retained a lien to secure the payment of both notes, which, in some of the states, is held to have priority of lien; *641but this rule has not been followed in this state.