Hurt v. Blackburn
Texas Supreme Court
Error from Tarrant. Tried below before the Hon. Nat M. Burford. Suit May 5th, 1856, by Elizabeth Blackburn, a resident of the State of North Carolina, as executrix of Samuel Blackburn, against Ann S. Hurt, Joseph M. Bounds and David C. Haynes, on a note under seal for $1100, expressed therein to be in consideration of two certain lots in the town of McKinney, (Collin county,) sold by said executrix to said Ann.
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Error from Tarrant. Tried below before the Hon. Nat M. Burford. Suit May 5th, 1856, by Elizabeth Blackburn, a resident of the State of North Carolina, as executrix of Samuel Blackburn, against Ann S. Hurt, Joseph M. Bounds and David C. Haynes, on a note under seal for $1100, expressed therein to be in consideration of two certain lots in the town of McKinney, (Collin county,) sold by said executrix to said Ann. The note was dated Oct. 16th, 1855, and due Jan’y 20th, 1856 ; with a credit of $160, Oct. 23d, 1855, indorsed thereon, and admitted in the petition. Service on Bounds and Haynes to…
1Opinion of the CourtRoberts, J.
This case involves the same questions as those determined in the ease of Hurt et al. v. McReynolds at this Term. One of the grounds of exception, to the answer of defendants below, is, that the allegation that Mrs. Blackburn had not made and delivered a sufficient deed to Mrs. Hurt, is untrue in fact, and to show its falsity plaintiff below brings into Court and files a certified copy of an instrument purporting to be a deed from Mrs. Blackburn to Mrs. Hurt. This, of course, was not a matter that the Court should have considered on demurrer. The answer must be determined on its own…
2Cited by4 opinions
- Baldridge v. CookTexas Supreme Court · 1864
- Roos v. ThigpenCourt of Appeals of Texas · 1911
- Rock v. Heald, Massie & Co.Texas Supreme Court · 1864
- Roos v. ThigpenCourt of Appeals of Texas · 1911