Mitchell v. Napier
Texas Supreme Court
Appeal from Bexar. Tried below before the lion. Thomas J. Devine. Suit by appellant against Charles Gr. Napier and Lewis S. Owings, to recover rent alleged to be due upon the following contract, to wit: State of Texas, 1 Know all men by these presents, that County of Bexar. J I, Asa Mitchell, of the aforesaid State and county, have this day leased to L. S. Owings and Charles Gr.
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Appeal from Bexar. Tried below before the lion. Thomas J. Devine. Suit by appellant against Charles Gr. Napier and Lewis S. Owings, to recover rent alleged to be due upon the following contract, to wit: State of Texas, 1 Know all men by these presents, that County of Bexar. J I, Asa Mitchell, of the aforesaid State and county, have this day leased to L. S. Owings and Charles Gr. Napier, of the aforesaid State', for the consideration of sixty dollars per month, payable at the expiration of every month, a certain lot of land, situated in the city of San Antonio, State and county aforesaid, on…
1Opinion of the Court
Wheeler, Ch. J.
The amended answer sets up two grounds of defence; first, that the consideration of the contract sued on was not, as it purports, the rent of a lot, but really was interest reserved at the rate of three per cent, per month upon the price of the lot; and secondly, that the obligation of the contract had been fully satisfied and discharged, by the re-transfer and assign*128ment to the plaintiff, of the lot and improvements, together with a large amount of other property.
If the contract on which the suit is brought is to be regarded as evidencing a sale, or if the parties contemplated…
2Cases cited1 opinion
- Andrews v. PondSupreme Court of the United States · 1839
3Cited by31 opinions
- Ware v. PaxtonCourt of Appeals of Texas · 1954
- National Bond & Mortgage Corp. v. MahaneyTexas Supreme Court · 1935
- Citizens' National Bank v. DonnellSupreme Court of Missouri · 1903
- Peightal v. Cotton States Building Co.Court of Appeals of Texas · 1901
- Hand v. ErringtonCourt of Appeals of Texas · 1921
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