Boggess v. Lilly
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by appellee to enjoin the sale of real property under a deed of trust, given to secure the payment of a note for money lost by plaintiff and defendant in dealing faro in partnership ; the plaintiff alleging that the defendant fraudulently obtained said note and deed of trust by falsely representing that he had paid said losses, when in fact he had not, &c. ; and that the note and deed of trust were given…
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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by appellee to enjoin the sale of real property under a deed of trust, given to secure the payment of a note for money lost by plaintiff and defendant in dealing faro in partnership ; the plaintiff alleging that the defendant fraudulently obtained said note and deed of trust by falsely representing that he had paid said losses, when in fact he had not, &c. ; and that the note and deed of trust were given without lawful consideration. Allegation also of usury. Answer by defendant that said promissory note and said deed of…
1Opinion of the CourtWheeler, J.
Assuming that the Court will interpose, by injunction, to restrain parties from executing such a contract as that set out in the petition, in the manner proposed ; and that the petition is to be taken as true, except in so far as it is negatived by the answer ; and that the answer is to be taken as true, and as disproving the averments of the petition which it negatives,—which, we think is the view which the parties took of the case, in submitting it to the judgment of the Court on the merits, on petition and answer,—the state of case which is presented is this : The plaintiff and defendant…
2Cited by20 opinions
- Seeligson v. Lewis & WilliamsTexas Supreme Court · 1885
- Cannon v. McDanielTexas Supreme Court · 1876
- Lewis v. AlexanderTexas Supreme Court · 1879
- De Leon v. Manuel Trevino & Bro.Texas Supreme Court · 1878
- Webb v. MallardTexas Supreme Court · 1863
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