Taylor v. H. J. Huck & Co.
Texas Supreme Court
Appeal from Goliad. Tried below before the Hon. H. 0. Pleas-ants. This suit was instituted by H. J. Huck & Co. against the appellants, F. S. Taylor and his wife L. B. Taylor, on February 16, 1882, in the district court of Goliad county, on a promissory note for $1,221, and bearing date August 9, 1877, and to foreclose a lien upon the property therein described, for lumber and material furnished.
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Appeal from Goliad. Tried below before the Hon. H. 0. Pleas-ants. This suit was instituted by H. J. Huck & Co. against the appellants, F. S. Taylor and his wife L. B. Taylor, on February 16, 1882, in the district court of Goliad county, on a promissory note for $1,221, and bearing date August 9, 1877, and to foreclose a lien upon the property therein described, for lumber and material furnished. The note was signed by Taylor and his wife, was acknowledged by them as prescribed by law, was duly recorded, and is as follows: “On or Before the first day of March, 1878, we promise to pay to H. J.…
1Opinion of the Court
Watts, J., Comm. App.
This record is silent as to the contract relation existing between F. S. Taylor and Mrs. Hedrick respecting the lot in controversy at the time the material was furnished and the note executed. The court merely finds that at the time the legal title was in Mrs. Hedrick, and that Taylor induced the appellees to believe that he would eventually become the owner of the lot. In the absence of a statement of facts, it will be presumed that the conclusions of fact found by the court are fully sustained by the evidence. But the court does not find whether the property was or was…
2Cases cited4 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Martin v. RobertsTexas Supreme Court · 1882
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Rutherford v. StewartSupreme Court of Missouri · 1883
3Cited by6 opinions
- Hill v. EngelCourt of Appeals of Texas · 1935
- Lyon v. OzeeTexas Supreme Court · 1886
- M. Kangerga & Bro. v. WillardCourt of Appeals of Texas · 1916
- McGloin v. McGloinTexas Supreme Court · 1888
- Schmoker v. WaelderCourt of Appeals of Texas · 1938
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