Patrick v. Roach
Texas Supreme Court
Appeal from Austin. Tried below before Hon. J. H. Bell. Action by appellee, as administrator of the estate of Eson Tyson, against appellant, to recover rent for the use and occupation of a plantation belonging to the estate of appellee's intestate for the years 1854, 1855 and 1856. In March, 1854, John M. Patrick, then the husband of appellant, purchased under an order of Court the plantation for the rent of which suit is brought, gave his note with security and a mortgage…
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Appeal from Austin. Tried below before Hon. J. H. Bell. Action by appellee, as administrator of the estate of Eson Tyson, against appellant, to recover rent for the use and occupation of a plantation belonging to the estate of appellee's intestate for the years 1854, 1855 and 1856. In March, 1854, John M. Patrick, then the husband of appellant, purchased under an order of Court the plantation for the rent of which suit is brought, gave his note with security and a mortgage on the premises, and went immediately into possession. In October, 1854, before the maturity of the note given by him,…
1Opinion of the Court
Hemphill, Oh. J.
The main question is, was the defendant responsible for the rents of the land, or for any part of them ? The facts of this case are such as to show, in our opinion, that she is not responsible for the whole of the rent. Her husband, whom she represents both as administratrix and as sole heir, did not enter upon the land as lessee. He purchased at a public sale, under an order of the County Court. He entered as purchaser, and remained as such until his death, and she continued his possession as such until the rescission of the sale in April, 1856. All the circumstances show…
2Cases cited2 opinions
- Williams v. RogersCourt of Appeals of Kentucky · 1834
- Lowry v. Cox's & HeirsCourt of Appeals of Kentucky · 1834
3Cited by19 opinions
- Thouvenin v. LeaTexas Supreme Court · 1863
- Allen v. PiersonTexas Supreme Court · 1884
- Ankeny v. ClarkWashington Supreme Court · 1889
- Wood v. CahillCourt of Appeals of Texas · 1899
- Murphy v. BensonCourt of Appeals of Texas · 1922
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