Legal Opinion

Lowery v. Dickson

Court of Appeals of Texas

Decided November 13, 1876No. —, Op. Book No. 1, p. 163Published

Appeal from Smith County.

1Opinion of the Court

Opinion by

Winkler, J.

§ 497. Payments; rules governing application of. A debtor who owes his creditor money on distinct accounts may direct his payments to be applied to either, as he pleases. If the debtor makes no such appropriation, the creditor may apply the money as he pleases. If neither party makes a specific appropriation of the money, the *246law will appropriate it as the justice and equity of the case may require. The debtor must make the appropriation at the time he makes the payment. When the debtor does not make any specific appropriation at the time of payment, the creditor may make…

2Cases cited6 opinions

  1. Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
  2. Taylor v. ColemanTexas Supreme Court · 1858
  3. Stanley v. WestropTexas Supreme Court · 1856
  4. Haynes v. WaiteCalifornia Supreme Court · 1859
  5. Cloney Crawford & Co. v. RichardsonSupreme Court of Missouri · 1864

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