Rock v. Heald, Massie & Co.
Texas Supreme Court
Appeal from Tyler. Tried below before the Hon. James M. Maxcy. Suit by appellees against appellants on a note and to foreclose a mortgage given to secure the payment of the same.
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Appeal from Tyler. Tried below before the Hon. James M. Maxcy. Suit by appellees against appellants on a note and to foreclose a mortgage given to secure the payment of the same. On the 7th day of August, A. D. 1856, Thomas Rock, N. B. Charlton, Lewis T. Foster and S. T. Belt, executed a note for five hundred and fifty-three dollars and fifty cents, payable twelve months after date to R. K. Ratcliff, administrator of the estate of Ephraim Thompson, or bearer, upon which was the following indorsement, to wit: “Iindorse this note after due course of law. H. W. Bendy.” The makers and Bendy were…
1Opinion of the CourtMoore, J.
The answer of the defendants in the District Court, who are the appellants in this court, manifestly presented no valid defence to the payment of. the note sued upon, or for staying the proceedings 'in this case for the purpose of making other parties. It is not pretended or averred that there is any defect in the title to the land, in consideration of which the note here in suit was given. The only matter of complaint is, that a formal deed had not been executed to the purchasers by the administrator. The distinctions between executed and executory contracts for the sale of land, are well…
2Cases cited3 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Hurt v. McReynoldsTexas Supreme Court · 1857
- Hurt v. BlackburnTexas Supreme Court · 1857
3Cited by6 opinions
- Ryan v. FergussonWashington Supreme Court · 1891
- Small v. FoleyColorado Court of Appeals · 1896
- Finley v. WakefieldCourt of Appeals of Texas · 1916
- Small v. FoleyColorado Court of Appeals · 1896
- Irwin v. TollettCourt of Appeals of Texas · 1954
1 more not listed; retrieve them via the Exa API.