Malone v. Kaufman
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. In November, 1860, Charles R. Hughes sold to Edward Malone (the husband of Ann M. Malone and the father of the other appellants) a lot in the city of Galveston, with improvements thereon, for four thousand dollars — two thousand thereof cash, and two thousand in notes of the purchaser, at one and two years, secured by deed of trust executed to Stephen South wick and-Henry Van Burén.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. In November, 1860, Charles R. Hughes sold to Edward Malone (the husband of Ann M. Malone and the father of the other appellants) a lot in the city of Galveston, with improvements thereon, for four thousand dollars — two thousand thereof cash, and two thousand in notes of the purchaser, at one and two years, secured by deed of trust executed to Stephen South wick and-Henry Van Burén. In 1865 Mrs. Wood was in possession of the premises, and owned the notes given by Malone to Hughes for the purchase money. She refused to deliver…
1Opinion of the CourtMcAdoo, J.
The contract on which this suit is based is a new one, entered into by a third party, and one óf the parties to an old one.
Hughes sold lot 1, block 314, in the city of Galveston,1 to Malone, taking two notes of Malone as part of the purchase price of the lot. Malone and wife also executed a deed of trust for Hughes’ benefit, the property being made a homestead.
In 1866, $2000 being still due on the two notes, at the request of Malone, Kaufman, the appellee, advanced the money to Malone to take up these two notes.
They were taken up and canceled, together with the deed of trust.
In consideration…
2Cases cited2 opinions
- Wynn v. FlanneganTexas Supreme Court · 1860
- Skaggs v. NelsonMississippi Supreme Court · 1852
3Cited by9 opinions
- Hicks v. MorrisTexas Supreme Court · 1882
- Flanagan v. CushmanTexas Supreme Court · 1877
- Gaylord v. LoughridgeTexas Supreme Court · 1879
- Batson v. First Nat. Bank of NormangeeCourt of Appeals of Texas · 1933
- Hable v. OwensCourt of Appeals of Texas · 1926
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