Stone v. Tilley
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Stone and others brought suit to enjoin the enforcement of an execution taken out by Lacy on a judgment against them for city taxes, which he had paid off to protect his mortgage on property incumbered by the tax lien and. judgment. Lacy reconvened and had judgment for the amount paid in discharging the tax lien. Plaintiffs appealed, and on affirmance obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
J. E. Stone and his wife resided in Waco and were possessed of community estate of which the land described in the plaintiffs’ petition situated in the city of Waco was a part. A. A. Stone (the wife) -died leaving F. J. Stone, Ethel Swint (nee Stone), Alonzo and Pearl Stone, her. only children and heirs at law. After the death of his wife, J. E. Stone in the management of the community.estate contracted a debt with N. J. S. Lacy of $2,500, which was a debt against the community property of himself and his deceased wife. J. E. Stone executed to Lacy a deed of trust…
2Cases cited4 opinions
- Horrigan v. WellmuthSupreme Court of Missouri · 1883
- Vincent v. MooreMichigan Supreme Court · 1883
- Johnson v. PayneNebraska Supreme Court · 1881
- Swan v. EmersonMassachusetts Supreme Judicial Court · 1880
3Cited by40 opinions
- Smart v. Tower Land & Investment Co.Texas Supreme Court · 1980
- Burkhardt v. LiebermanTexas Supreme Court · 1942
- Richey v. MoorTexas Supreme Court · 1923
- Langdeau v. BouknightTexas Supreme Court · 1961
- The People v. HalkensIllinois Supreme Court · 1944
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