Menard v. Sydnor
Texas Supreme Court
Error from Harris. The case was tried before Hon. Peter W. Gray, one of the district judges. Sydnor sued Menard and wife, and, in hcec verba, set out a deed of trust or mortgage, with the power to sell their interest in the land conveyed within one year, at a price to be agreed upon by the grantors, so as to reimburse to himself $570 and interest thereon; but should not a sale be made within the year, and on these conditions, then Sydnor was to advertise and sell the land at…
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Error from Harris. The case was tried before Hon. Peter W. Gray, one of the district judges. Sydnor sued Menard and wife, and, in hcec verba, set out a deed of trust or mortgage, with the power to sell their interest in the land conveyed within one year, at a price to be agreed upon by the grantors, so as to reimburse to himself $570 and interest thereon; but should not a sale be made within the year, and on these conditions, then Sydnor was to advertise and sell the land at public.auction, and if the land should bring more than enough to satisfy the debt and interest, the overplus should be…
1Opinion of the CourtCoke, J.
There is neither statement of facts nor bill of
exceptions in this case. Giving the judgment the benefit of all the presumptions that can possibly arise in its favor under the pleadings, by intending that all the evidence legally admissible was introduced by the appellee, and that no evidence was offered by the plaintiffs in error, we are of opinion that there is such error apparent upon the record as must operate its reversal.
It appears, very clearly, that Virginia Menard, one of the plaintiffs in error, was, at the date of the execution of the deed of trust, which is the foundation of this…
2Cases cited1 opinion
- Haynes v. StovallTexas Supreme Court · 1859
3Cited by43 opinions
- Cooke v. AverySupreme Court of the United States · 1893
- Burns v. American Nat. Ins.Texas Commission of Appeals · 1926
- Linch v. Paris Lumber and Grain Elevator Co.Texas Supreme Court · 1891
- Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
- Dedier v. GrossmanCourt of Appeals of Texas · 1970
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