Morphy v. Garrett
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon Green J. Clark. March 31, 1876, James and David L. Garrett obtained a temporary injunction, restraining W. J. Morphy and J. K. Milam, trustees, and "Wallace & Co., beneficiaries, from proceedings under a trust deed executed by plaintiffs to Morphy, to secure an indebtedness to Wallace & Co. The ground of relief alleged was the full payment of the indebtedness to Wallace & Co. One of the items insisted on as a part payment wag a…
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Appeal from Hopkins. Tried below before the Hon Green J. Clark. March 31, 1876, James and David L. Garrett obtained a temporary injunction, restraining W. J. Morphy and J. K. Milam, trustees, and "Wallace & Co., beneficiaries, from proceedings under a trust deed executed by plaintiffs to Morphy, to secure an indebtedness to Wallace & Co. The ground of relief alleged was the full payment of the indebtedness to Wallace & Co. One of the items insisted on as a part payment wag a note indorsed by plaintiffs to Wallace & Co. on Heath. The defendants denied payment, &c. September, 1877, the case was…
1Opinion of the Court
Gould, Associate Justice.
The appellees enjoined the enforcement of a deed of trust, claiming that the note secured by the trust deed had been fully paid. In specifying the payments, it was alleged that it had been agreed by defendants that the amount of a note on one Heath, which note had been by one of the plaintiffs indorsed to Wallace & Co., should be entered as a credit on the note secured by the deed of trust.
On the trial, however, it was found, and indeed such was the purport of Garrett’s own testimony, that the Heath note was held merely as a collateral, to secure the same note secured…
2Cases cited1 opinion
- Lewis v. TaylorTexas Supreme Court · 1856
3Cited by5 opinions
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