Legal Opinion

Austin v. Townes

Texas Supreme Court

Decided July 1, 1853PublishedCited by 8 opinions

Error from Brazoria. Suit by Townes, administrator de bonis non of' Cafo, commenced October 22d, 1815, on a judgment in the form of a twelve mouths’ bund, as follows: Republic ok Texas, \ Edmund Andrews, Adm’r of W. H. County of Brazoria. J Cato, v. Ileury Austin.

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Error from Brazoria. Suit by Townes, administrator de bonis non of' Cafo, commenced October 22d, 1815, on a judgment in the form of a twelve mouths’ bund, as follows: Republic ok Texas, \ Edmund Andrews, Adm’r of W. H. County of Brazoria. J Cato, v. Ileury Austin. Know all mi'll by these presents that we, Ileury Austin and Janies F. Perry, are held and lirudy bound unto Edmund Andrews, the plaintiff in the above case, in (lie penal sum of six thousand and sixty-three dollars and li£ty-oned cunt good and lawful money, well and truly to be paid, we bind ourselves, our heirs, executors,…

1Opinion of the CourtLipscomb, J.

This suit was brought on a judgment obtained by Andrews, as administrator of W. Cato, against Austin, one of the plaintiff!? in error. The judgment remaining unsatisfied at the death of Andrews, Townes, having been regularly appointed administrator to the succession of Cato made vacant by Uie death'of Andrews, brings suit to revive the judgment in his name. Tlie suit is in the. nature of an action of debt at common law to revive a judgment.

Tlie plaintiffs in error contend that if there is any such judgment as described in tlie petition, it is in full force and effect, and that an action of…

2Cited by8 opinions

  1. Clements v. Texas Co.Court of Appeals of Texas · 1925
  2. S. A. & A. P. R'y Co. v. WilsonCourt of Appeals of Texas · 1892
  3. Neil v. ShackelfordTexas Supreme Court · 1876
  4. Scott v. DyerTexas Supreme Court · 1883
  5. Peck v. McKellarTexas Supreme Court · 1870

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