McLane v. Paschal
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. G. H. Noonan. ■In April, 1859, I. A. & Gr. W. Paschal executed their note to Win. McLane, the father of the present party, H. II. McLane, for 37,000, and also in conjunction with Mrs. Mary 0. Paschal — the wife of . Judge I. A. Paschal—made a deed of trust to J. C. French, trustee, conveying the lots in question to secure said note.
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Appeal from Bexar. Tried below before the Hon. G. H. Noonan. ■In April, 1859, I. A. & Gr. W. Paschal executed their note to Win. McLane, the father of the present party, H. II. McLane, for 37,000, and also in conjunction with Mrs. Mary 0. Paschal — the wife of . Judge I. A. Paschal—made a deed of trust to J. C. French, trustee, conveying the lots in question to secure said note. The property incumbered consists of two blocks divided from one another by a street — First street. Block No. 27 is entirely surrounded by streets, and is the place designated as the homestead in the deed of trust.…
1Opinion of the Court
Willie, Chief Justice.
The principal questions in this case arise out of the action of the court in striking out the amended answer of McLane, filed in the cause after it had reached the district court upon appeal. This was done by the court of its own motion, the district judge holding that the parties could raise no issues in his court that were not raised in the court from which the appeal was taken. In this the district court erred, the contrary having been decided at the present term of this court in the case of Newton v. Newton, appealed from Wilson county.
The only test as to the…
2Cases cited6 opinions
- Robertson v. PaulTexas Supreme Court · 1856
- Williams v. RandonTexas Supreme Court · 1853
- Paschal v. Cushman & Co.Texas Supreme Court · 1861
- Carter v. ReynoldsTexas Supreme Court · 1851
- Williams v. JenkinsTexas Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Langever v. MillerTexas Supreme Court · 1934
- Consolidated Underwriters v. SaxonTexas Commission of Appeals · 1924
- Texas Employers' Ins. Ass'n v. KnouffCourt of Appeals of Texas · 1925
- Young v. Harbin Citrus Groves, Inc.Court of Appeals of Texas · 1939
- McLane v. PaschalCourt of Appeals of Texas · 1894
11 more not listed; retrieve them via the Exa API.