Legal Opinion

Counts v. Burns

Court of Appeals of Texas

Decided March 10, 1923No. 10126Published

Appeal from District Court, Young County; W. E. Forgy, Special Judge. Action by W. C. Burns against S. C. Counts. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtConner, C. J.

The appellee Burns instituted this suit in the district court of Young county against the appellant, Counts, upon a promissory note in the sum of $3,000, payable in monthly installments of $100 each, and to foreclose the vendor’s lien on the north 25 feet of lot 7, block 22, in the town of Graham. The plaintiff alleged that defendant had failed and refused to pay the installments due, and that he elected to declare the whole sum due,.as was provided in the note.

The defendant answered, admitting the execution of the note as declared upon by the plaintiff, but in one count alleged that at the…

2Cases cited3 opinions

  1. Kirkpatrick v. PuryearTennessee Supreme Court · 1894
  2. C. H. Larkin Co. v. DawsonCourt of Appeals of Texas · 1904
  3. American National Bank v. National Fertilizer Co.Tennessee Supreme Court · 1911

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