Lockhart v. Ward, Dewey & Co.
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Lockhart sued Ward, Dewey & Co. in trespass to try title, Kleiber, the landlord of Ward, Dewey & Co., made himself party defendant. The facts are sufficiently stated in the opinion.
1Opinion of the Court
Ireland, Associate Justice.
In 1858 Gray, Ennis, and McCraven, as executors of the last will of J. II. Stevens, sold the property in controversy to J. H. Sellers. They made Sellers a deed and took a mortgage on the property from Sellers t.o secure $5,000 of the jiurchase-money. On the 1st day of February, 1859, Sellers sold the property to James Hilliard, and as part of the consideration Hilliard assumed the payment of the $5,000 to Gray, Ennis, and McCraven, and gave a mortgage in lieu of the one made by Sellers. Hilliard died leaving the debt unpaid. His estate was administered in Fort Bend…
2Cases cited1 opinion
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
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- Andrews v. KeyTexas Supreme Court · 1890
- Mayers v. PaxtonTexas Supreme Court · 1890
- Schmeltz v. GareyTexas Supreme Court · 1878
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