G. H. & San Antonio R. R. Co. v. McDonald
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit brought by Louisa McDonald, whose petition contained the following allegations of fact, substantially: 1. That the Buffalo Bayou, Brazos & Colorado Railway was, prior to the 11th day of June, 1868, indebted to the estate which appellee represents. 2. That the company, its road-bed, track, franchises and chartered powers and privileges, were sold in July, 1868, under an execution, and in July, 1870, under…
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Appeal from Harris. Tried below before the Hon. James Masterson. Suit brought by Louisa McDonald, whose petition contained the following allegations of fact, substantially: 1. That the Buffalo Bayou, Brazos & Colorado Railway was, prior to the 11th day of June, 1868, indebted to the estate which appellee represents. 2. That the company, its road-bed, track, franchises and chartered powers and privileges, were sold in July, 1868, under an execution, and in July, 1870, under deed of trust. 3. That on the 2d of December, 1870, appellee obtained judgment on said indebtedness in the district court…
1Opinion of the Court
Bonner, Associate Justice.
This appeal is prosecuted by the Galveston, Harrisburg & San Antonio Railway Company only. The other defendants below, the trustees of the sold out Buffalo Bayou, Brazos & Colorado Railroad Company, do not complain of the judgment below; and it does not appear that there are any other creditors of this last named company whose rights can be affected, than Mrs. Louisa McDonald, the appellee.
The case as thus presented does not demand that we pass upon a question raised in the briefs of counsel, that the interest of the sold out company in the lands sought to be…
2Cases cited7 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Edmeston v. LydeNew York Court of Chancery · 1829
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Legal Representatives of Thomas v. HopperSupreme Court of Alabama · 1843
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3Cited by7 opinions
- Ex Parte JohnsonTexas Supreme Court · 1983
- Arlington State Bank v. PaulsenNebraska Supreme Court · 1899
- Galveston, Harrisburg & San Antonio R. R. Co. v. ButlerTexas Supreme Court · 1882
- G., H. & S. A. R. R. Co. v. HumeTexas Supreme Court · 1883
- Schwartzberg v. Freidman Bros.Court of Appeals of Texas · 1896
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