Seiter v. Smith
Texas Supreme Court
Error to the Court of Civil Appeals, Third District, in an appeal from Llano County. Seiter obtained writ of error on a judgment of the Appellate Court dismissing the appeal of Marsehall from an adverse decision in his cross action in the trial court against Smith and others.
1Opinion of the CourtJustice Phillips
Temple D. Smith, Adolph Gold and Fred Walter, as partners, instituted this suit against Ernst Marsehall and wife to recover the amount of a debt due them by Marsehall, and for the foreclosure of a deed of trust lien upon certain real estate granted by Marsehall and wife to secure its payment. The defendants by their answer resisted the foreclosure of the lien upon the ground that the real estate in question constituted their homestead; also contending that the note evidencing the alleged indebtedness was void because given in payment of usurious interest. By way of counterclaim, Ernst…
2Cases cited5 opinions
- Texas & Pacific Railway Co. v. VaughanCourt of Appeals of Texas · 1897
- Hudson v. MorrissTexas Supreme Court · 1881
- Texas Central Railroad v. AndrewsCourt of Appeals of Texas · 1902
- B. C. Evans Co. v. Reeves & McGlassonCourt of Appeals of Texas · 1894
- International & Great Northern Railway Co. v. ReevesCourt of Appeals of Texas · 1904
3Cited by49 opinions
- Honeycutt v. Billingsley, Texas Court of Appeals, 1st District (Houston)1999
- Smirl v. Globe Laboratories, Inc.Texas Supreme Court · 1945
- Insurance Network of Texas v. Kloesel, Texas Court of Appeals, 13th District2008
- Hill v. Smithville Independent School Dist.Texas Commission of Appeals · 1923
- Pecos & N. T. Ry. Co. v. PorterCourt of Appeals of Texas · 1913
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