Avery v. I. Popper & Bro.
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Hunt County. Separate suits were brought against Avery et al. by Popper & Bro. and by Heyland & Co., assignees of respective portions of a note given by defendants to King and secured by chattel mortgage of which foreclosure was sought. The actions were consolidated and defendant appealed from a judgment recovered against him.
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Hunt County. Separate suits were brought against Avery et al. by Popper & Bro. and by Heyland & Co., assignees of respective portions of a note given by defendants to King and secured by chattel mortgage of which foreclosure was sought. The actions were consolidated and defendant appealed from a judgment recovered against him. Judgment was reformed and rendered and appellants obtained writ of error.
1Opinion of the Court
I. Popper Bro. filed suit in the District Court of Hunt County on June 29, 1893, against J.H. and M.E. Cooke, W.W. Avery, and John M. Avery, to recover $775 of a note made by J.H. and M.E. Cooke to T.H. King, dated on May 26, 1891, due on the 1st of November, 1891, and interest thereon; and R. R. Neyland Co., consisting of R.R. Neyland, filed suit in the same court on the same day against the said parties to recover of the said M.E. Cooke and J.H. Cooke the balance of the same note, and in each case the plaintiff sought to foreclose a mortgage upon property hereinafter described which was…
2Cases cited6 opinions
- County of Harris v. CampbellTexas Supreme Court · 1887
- Johnson v. Amarillo Improvement Co.Texas Supreme Court · 1895
- Clark v. GillespieTexas Supreme Court · 1888
- J. N. Mitchell & Co. v. Bloom, Cohn & Co.Texas Supreme Court · 1898
- Oxsheer v. WattTexas Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bluitt v. PearsonTexas Supreme Court · 1928
- Walker v. GarlandTexas Commission of Appeals · 1922
- Gonzales v. FloresCourt of Appeals of Texas · 1918
- Watson v. D. A. Paddleford & SonTexas Supreme Court · 1920
- City of San Antonio v. ReedCourt of Appeals of Texas · 1917
15 more not listed; retrieve them via the Exa API.