Legal Opinion

Muller v. Boone

Texas Supreme Court

Decided January 21, 1885No. Case No. 1947PublishedCited by 14 opinions

Appeal from Dallas. Tried below before the Hon. Geo. N. Aldredge. On July 28,1880, Boone brought this suit against Muller and wife, and Moore, the then sheriff of Dallas county, to enjoin a sale under an execution, which had been issued upon a judgment rendered in the district court of Dallas county, in favor of Muller and wife and against the First National Bank of the city of Dallas.

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Appeal from Dallas. Tried below before the Hon. Geo. N. Aldredge. On July 28,1880, Boone brought this suit against Muller and wife, and Moore, the then sheriff of Dallas county, to enjoin a sale under an execution, which had been issued upon a judgment rendered in the district court of Dallas county, in favor of Muller and wife and against the First National Bank of the city of Dallas. The execution had been levied upon a certain lot in the city of Dallas, claimed by Boone through a conveyance from the bank after the judgment was rendered. Boone claimed that no execution was issued on the…

1Opinion of the Court

Watts, J. Com. App.

National banking associations are by the law of their creation authorized to purchase, hold and convey real estate for certain purposes therein specified. Revised Statutes U. S., sec. 5137. In the organization of these associations the law provides that the directors shall elect one of their number president. Sec. 5150.

The deed to appellee purports to be the act of the “ First Rational Bank of the city of Dallas,” and the name of the corporation was signed and the seal affixed by “Jno. Kerr, Prest.;” also “By R. P. Aunspaugh, Cashier.” And so far as is material to the…

2Cases cited3 opinions

  1. Miners' Ditch Co. v. ZellerbachCalifornia Supreme Court · 1869
  2. Phillips v. CoffeeIllinois Supreme Court · 1855
  3. Monroe v. ArledgeTexas Supreme Court · 1859

3Cited by14 opinions

  1. Ballard v. CarmichaelTexas Supreme Court · 1892
  2. Clements v. EwingTexas Supreme Court · 1888
  3. King v. MerrittMichigan Supreme Court · 1887
  4. Evans v. FrisbieTexas Supreme Court · 1892
  5. Anthony v. TaylorTexas Supreme Court · 1887

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