Green v. Scales
Court of Appeals of Texas
Appeal from Jones County Court; J. F. Lindsey, Judge. Action by H. S. Seales against W. M. Green and others. From judgment for plaintiff, defendants appeal.
1Opinion of the CourtBuck, J.
[1] We hold the trial petition of plaintiff good as against a general demurrer. Plaintiff alleged notice to defendants Green & Son, before they purchased the bale of cotton in controversy, that he claimed a “landlord’s lien .on said cotton for the full amount that said cotton brought.” This constituted sufficient allegation of notice that plaintiff was claiming the bale of cotton or its full value or entire proceeds to satisfy his landlord’s lien, and sufficiently averred, as against a general demurrer, such notice.
[2] When an obligation to pay is complete, a cause of action at once arises,…
2Cases cited14 opinions
- Forrest v. DurnellTexas Supreme Court · 1894
- Sullivan v. FantCourt of Appeals of Texas · 1913
- Bailey v. HicksTexas Supreme Court · 1856
- Boydston v. MorrisTexas Supreme Court · 1888
- Zapp v. Johnson and DickTexas Supreme Court · 1895
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3Cited by16 opinions
- English Freight Co. v. KnoxCourt of Appeals of Texas · 1944
- Texas Water Supply Corp. v. Reconstruction Finance Corp.Court of Appeals for the Fifth Circuit · 1953
- Younger Bros., Inc. v. PowerCourt of Appeals of Texas · 1936
- Lindsey v. StateCourt of Appeals of Texas · 1946
- American General Ins. Co. v. NanceCourt of Appeals of Texas · 1933
11 more not listed; retrieve them via the Exa API.