Hamilton v. Brooks
Texas Supreme Court
Error from Wharton. Tried below before the Hon. William H. Burkhart. Hamilton sued defendants, alleging that on the 30th of December, 1872, Beasley purchased a tract of land from Mrs. Still, and executed a note for $400, due January 1, 1874, for a part of the purchase-money, making it payable to Mrs. Still or order, and to secure its payment executed a deed of trust, with power to sell, on the land purchased, in which Brooks was named as trustee; that William Still, husband…
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Error from Wharton. Tried below before the Hon. William H. Burkhart. Hamilton sued defendants, alleging that on the 30th of December, 1872, Beasley purchased a tract of land from Mrs. Still, and executed a note for $400, due January 1, 1874, for a part of the purchase-money, making it payable to Mrs. Still or order, and to secure its payment executed a deed of trust, with power to sell, on the land purchased, in which Brooks was named as trustee; that William Still, husband of Mrs. Still, for a valuable consideration, and before its maturity and with Mrs. Still’s consent, transferred the note…
1Opinion of the Court
Gould, Associate Justice.
The promissory note which Beasley gave, payable to Mrs. Still or order, in payment for lands of her separate estate, was her separate property, and" parties having notice of her rights would acquire no valid' title to the note through the unauthorized act of her husband. (Rose v. Houston, 11 Tex., 326; Hemmingway v. Mathews, 10 Tex., 207.)
The husband deposited the note with Dunklin as collateral' security, but without indorsement or written transfer, and Dunklin, after the husband’s death, transferred the note to-appellant Hamilton, crediting his claim against the…
2Cases cited2 opinions
- Reese v. MedlockTexas Supreme Court · 1863
- Hemmingway v. MathewsTexas Supreme Court · 1853
3Cited by5 opinions
- O'Connor v. CommissionerCourt of Appeals for the Fifth Circuit · 1940
- Hudspeth v. StateCourt of Criminal Appeals of Texas · 1908
- Anderson v. Martindale & SchultzTexas Supreme Court · 1884
- In re Estate of Foster, Superior Court of California, County of San Francisco1909
- Morris v. EdwardsCourt of Appeals of Texas · 1880