McLean v. Moore
Court of Appeals of Texas
Appeal from District Court, Llano County; Clarence Martin, Judge. Action by one Stith against J. H. McLean, who impleaded T. J. Moore and. another. From the judgment, McLean appeals. Findings of Fact. The Iron City Nationel Bank executed a warranty deed to appellant for a one-third undivided interest in a tract of land.
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Appeal from District Court, Llano County; Clarence Martin, Judge. Action by one Stith against J. H. McLean, who impleaded T. J. Moore and. another. From the judgment, McLean appeals. Findings of Fact. The Iron City Nationel Bank executed a warranty deed to appellant for a one-third undivided interest in a tract of land. Stith et al. brought suit of trespass to try title against appellant, and also for partition, alleging that appellant was the owner of the other two-thirds interest. Appellant answered by exceptions and general denial, and impleaded T. J. and W. J. Moore on the warranty of the…
1Opinion of the CourtJenkins, J.
[1] (after stating the facts as above). 1. The first assignment of error raises the issue as to whether or not the allegation that appellees T. J. and W. J. Moore assumed all of the liabilities of the Iron City National Bank showed a good cause of action when taken in connection with the other allegations in said petition. The contention of appellees is that, inasmuch as the warranty of said bank was not broken at the time the appellees assumed its liabilities, the amount due on said warranty had not then become a liability of said bank, and did not become such liability until the warranty…
2Cases cited16 opinions
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- Bartlett v. . DrewNew York Court of Appeals · 1874
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- Singer v. HutchinsonIllinois Supreme Court · 1900
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