Roche v. Dale
Court of Appeals of Texas
Appeal from the County Court of Fannin County. Tried below before Hon. Tom C. Bradley. The mortgage admitted in evidence was signed Henry Bethan, but, in the body of the instrument, purported to be the act of Henry Bethel, and ivas so indexed by the clerk in registering it. There was evidence that the mortgagor was as well known by the name Bethel as Bethan.
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Appeal from the County Court of Fannin County. Tried below before Hon. Tom C. Bradley. The mortgage admitted in evidence was signed Henry Bethan, but, in the body of the instrument, purported to be the act of Henry Bethel, and ivas so indexed by the clerk in registering it. There was evidence that the mortgagor was as well known by the name Bethel as Bethan. The charge complained of in the third assignment held Roche liable for the value of any cotton the jury might find plaintiff entitled to recover of J. R. & R. and which was sold to them by defendant Roche; but there was no recovery…
1Opinion of the Court
EIDSON, Associate Justice.
This is a suit by appellee, Dale, against Henry Bethan, appellant Boche and Jones, Bogers & Bogers for debt, claimed to be due by Bethan to Dale and alleged to be secured by a chattel mortgage on the crop of cotton raised by said Bethan on Boche’s land for the year 1904) a part of which cotton plaintiff alleged had been converted by defendants, and praying for judgment against Bethan for the debt and a foreclosure of said mortgage against the other defendants for the cotton alleged to have been converted by them respectively. Appellant, Boche, answered in the court…
2Cases cited1 opinion
- Texas Midland Railroad v. CrowderCourt of Appeals of Texas · 1901
3Cited by5 opinions
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- Waco Cement Stone Works v. SmithCourt of Appeals of Texas · 1913
- Myers v. GranthamCourt of Appeals of Texas · 1916
- Mulligan v. McConnell Bros.Court of Appeals of Texas · 1922
- Jacksonville Ice Electric Co. v. MosesCourt of Appeals of Texas · 1911