Williams v. Pouns
Texas Supreme Court
Appeal from Morris. Tried below before the Hon. B. F. Estis. September 23, 1876, M. E. Pouns brought suit against George B. Williams and his wife Sarah, for two tracts of land, (one of 320 acres, and the other of 160 acres,) situated in the county of Morris.
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Appeal from Morris. Tried below before the Hon. B. F. Estis. September 23, 1876, M. E. Pouns brought suit against George B. Williams and his wife Sarah, for two tracts of land, (one of 320 acres, and the other of 160 acres,) situated in the county of Morris. The petition set out, that plaintiff claimed the land under a sale made under a deed of trust, by one James B. Bridges, trustee, &c.; that the deed of trust bore date December 23, 1870, and was executed to secure two promissory notes due February 1, 1872, for borrowed money; that in July, 1875, the trustee had advertised the sale of the…
1Opinion of the Court
Moore, Associate Justice.
The vital question to be decided in this case is,—Does an appeal from a final judgment dissolving the injunction and dismissing the bill, where the condition of the appeal bond is that, appellant will prosecute the appeal with effect, and perform the judgment, sentence, or decree of the Superior Court in case the decision of said court shall be against the appellant, (Paschal’s Dig., art. 1491,) keep the injunction in force during the pendency of the appeal?
It is not to be denied, that in England, and a majority, perhaps, of the States, it is well settled, that an…
2Cases cited8 opinions
- Hartley v. FroshTexas Supreme Court · 1851
- Shelby v. BurtisTexas Supreme Court · 1857
- Penrice v. WallisMississippi Supreme Court · 1859
- Wood v. DwightNew York Court of Chancery · 1823
- Hoyt v. GelstonNew York Supreme Court · 1816
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3Cited by60 opinions
- Waters-Pierce Oil Co. v. State of TexasTexas Supreme Court · 1907
- Stewart v. MillerCourt of Appeals of Texas · 1925
- Houtchens v. MercerTexas Supreme Court · 1930
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Cavitt v. AmslerCourt of Appeals of Texas · 1922
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