Buttlar v. Davis
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit by Mary J. Davis, as plaintiff, and Mrs. William Brady and husband, as interveners, on several notes executed by C.H. Jordan, amounting now to about $10,000, gold, and to establish and foreclose a mortgage lien therefor on certain land in Harris county.
Read the full summary
Appeal from Harris. Tried below before the Hon. James Masterson. Suit by Mary J. Davis, as plaintiff, and Mrs. William Brady and husband, as interveners, on several notes executed by C.H. Jordan, amounting now to about $10,000, gold, and to establish and foreclose a mortgage lien therefor on certain land in Harris county. The suit was originally instituted against Jordan in bis life-time, and after his death was revived against August Buttlar and Francis Hammers, as his executors, administering his estate under an independent will. The points of controversy were as to the existence of the…
1Opinion of the Court
Bonner, Associate Justice.
This was a suit originally brought by Mary J. Davis against Charles H. Jordan on certain promissory notes executed by him. During the pendency of the suit Charles II. Jordan died, and August Buttlar and Francis Lammers, as independent executors, (who, by the terms of his will, had the power to administer his estate without control of the court, and without giving bond under the provisions of the probate act of 1870,) were made parties defendant.
On the trial below judgment was rendered against them as such executors, and on appeal to this court they were required to…
2Cases cited3 opinions
- Battle v. HowardTexas Supreme Court · 1855
- Ennis v. CrumpTexas Supreme Court · 1851
- Guest v. GuestTexas Supreme Court · 1877
3Cited by8 opinions
- Cocke v. SmithTexas Supreme Court · 1944
- Houston Land & Trust Co. v. CampbellCourt of Appeals of Texas · 1937
- Unknown Heirs of Tutt v. MorganCourt of Appeals of Texas · 1897
- Warne v. JacksonCourt of Appeals of Texas · 1921
- Rains v. Mercantile Nat. Bank at DallasCourt of Appeals of Texas · 1945
3 more not listed; retrieve them via the Exa API.