McAlpin v. Burnett
Texas Supreme Court
Appeal from Harrison.' Tried below before the Hon. Charles A. Frazer. Suit by Robert M. McAlpin and others against William H. Burnett, John E. Hamlett and Solomon R. Perry, commenced August 8th, 1856. The petition alleged a recovery by plaintiffs on the 9th of January, 1856, in the same Court, of a judgment against defendant Burnett, for $349 32, and costs of suit $10, on a note payable to Garlington C. Dial or bearer, for $857 50, dated January 1,1853 ; that execution had…
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Appeal from Harrison.' Tried below before the Hon. Charles A. Frazer. Suit by Robert M. McAlpin and others against William H. Burnett, John E. Hamlett and Solomon R. Perry, commenced August 8th, 1856. The petition alleged a recovery by plaintiffs on the 9th of January, 1856, in the same Court, of a judgment against defendant Burnett, for $349 32, and costs of suit $10, on a note payable to Garlington C. Dial or bearer, for $857 50, dated January 1,1853 ; that execution had been issued upon said judgment, and returned no property found ; that the said Burnett is insolvent; that the said note…
1Opinion of the CourtRoberts, J.
The note in this case was given by Burnett *500to Dial, payable to bearer; passed through several hands, until it reached plaintiffs, the appellants, who brought suit and recovered a judgment against Burnett. The note was given for a lot of land ; and after the judgment was rendered, andjah execution was returned “ no property found,” appellants brought suit setting forth these facts, and also that the other defendants had purchased the lot, with notice of the existence of the lien, and that ¡it had not been discharged ; and made them also parties to the suit and prayed for the enforcement of the…
2Cases cited1 opinion
- Wellborn v. WilliamsSupreme Court of Georgia · 1850
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- Hermann v. AllenTexas Supreme Court · 1910
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Cannon v. McDanielTexas Supreme Court · 1876
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