McCartney v. Martin
Texas Commission of Appeals
Appeal from Ellis. Tried below before the Hon. Hat. M. Burford. McCartney sued Martin in the district court of Ellis county, in December, 1875, upon a note dated 15th January, 1875, for §150.14, payable to him and executed by Martin. He alleges that it was given for part of the purchase money of a tract of land sold by him to Martin, and as a renewal of a former note for the purchase money of the same land, ' dated 28th July, 1871, which Martin had executed to him.
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Appeal from Ellis. Tried below before the Hon. Hat. M. Burford. McCartney sued Martin in the district court of Ellis county, in December, 1875, upon a note dated 15th January, 1875, for §150.14, payable to him and executed by Martin. He alleges that it was given for part of the purchase money of a tract of land sold by him to Martin, and as a renewal of a former note for the purchase money of the same land, ' dated 28th July, 1871, which Martin had executed to him. He prays for judgment for his debt and for foreclosure of the vendor’s lien on the land. The defendant answered, excepting…
1Opinion of the CourtQuinan, J.
I. Objection was made to the admissibility of the testimony complained of in the first assignment of error on three grounds: (1) That there was no allegation in the answer that the original note was sold and assigned to Yal. Martin; (2) nor averment that the sale to Martin was for a valuable consideration, or what the consideration was, and plaintiff had no notice of the horse trade relied on; (3) that there is no definite allegation of payment in defendant’s answer.
We do not think these objections tenable. The answer is certainly indefinite and vague, but it was not specially excepted to. It…
2Cases cited8 opinions
- Love v. BarberTexas Supreme Court · 1856
- Swenson v. Administrators of WalkerTexas Supreme Court · 1848
- Moore v. RiceTexas Supreme Court · 1879
- Baldridge v. GordonTexas Supreme Court · 1859
- Frizzell v. JohnsonTexas Supreme Court · 1867
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3Cited by1 opinion
- Harrington Overton v. ChambersCourt of Appeals of Texas · 1911