Fisk v. Wilson
Texas Supreme Court
Appeal from Travis. In the year 1838 Walker Wilson, the plaintiff in the Court below, conveyed the land in controversy in this suit, to W. B. Goodman. On the 8th of September, 1846, Goodman executed a mortgage upon the land, to Isaac Applewhite, to secure the payment of said Goodman’s note for $100, payable to Applewhite, at six months. At January-Term, 1850, of the Probate Court of Travis county, Josiah Fisk obtained letters of administration on the estate of said Goodman.
Read the full summary
Appeal from Travis. In the year 1838 Walker Wilson, the plaintiff in the Court below, conveyed the land in controversy in this suit, to W. B. Goodman. On the 8th of September, 1846, Goodman executed a mortgage upon the land, to Isaac Applewhite, to secure the payment of said Goodman’s note for $100, payable to Applewhite, at six months. At January-Term, 1850, of the Probate Court of Travis county, Josiah Fisk obtained letters of administration on the estate of said Goodman. At February Term, 1850, of the Probate Court, said administrator obtained an order for the sale of the land, to pay the…
1Opinion of the CourtWheeler, J.
There is nothing in the objection to the ruling of the Court refusing to dissolve the injunction. The defendants undertook to set out specifically the grounds of their motion; and, that the plaintiff had another remedy, by appeal from the order of sale, is not one of them. But if it were, it was no answer to the case made by the petition. The District Court was the proper forum in which to assert the piaintiff’s rights; and an injunction was the proper remedy to restrain the threatened injury. This, it is conceived, is quite too clear for controversy.
*433Nor is there anything in the objection to…
2Cited by21 opinions
- Pearson v. FlanaganTexas Supreme Court · 1879
- Miller v. Fenner, Beane & UngerleiderCourt of Appeals of Texas · 1935
- Houston & T. C. R. R. Co. v. ShaferTexas Supreme Court · 1881
- Flanagan v. WomackTexas Supreme Court · 1880
- Blackwell v. BarnettTexas Supreme Court · 1879
16 more not listed; retrieve them via the Exa API.