Wooters v. Hollingsworth
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. John R. Kennard. Suit was brought in the district court of Houston county by appellants, J. 0. Wooters, Collins & Douglas, W. E. Mayes, Estey Melius and Dwight Ripley, against Stephen Hollingsworth and W. A. Davis on certain obligations given for the purchase money of land, and to foreclose the vendor’s lien.
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Appeal from Houston. Tried below before the Hon. John R. Kennard. Suit was brought in the district court of Houston county by appellants, J. 0. Wooters, Collins & Douglas, W. E. Mayes, Estey Melius and Dwight Ripley, against Stephen Hollingsworth and W. A. Davis on certain obligations given for the purchase money of land, and to foreclose the vendor’s lien. Hollingsworth was sued as the maker of the obligations, and Davis was joined as the holder of two of the purchase money notes, given at the same time and to same parties, with those held by plaintiffs. The land had been conveyed to…
1Opinion of the Court
Willie, Chief Justice.
In this case it appears that Hollingsworth purchased a tract of land from McHenry and wife, and executed in payment therefor five promissory notes falling due at different dates, in each of which he promised to deliver to the payees twenty bales of cotton, or one hundred bales in all. McHenry being indebted to the appellants, transferred to them an interest in ■ the four promissory notes first falling due, and to the appellee Davis the note that matured last. The question for our decision is, Are the appellants entitled to have their notes first satisfied out of the…
2Cases cited4 opinions
- Delespine v. CampbellTexas Supreme Court · 1879
- Salmon v. DownsTexas Supreme Court · 1881
- Donley v. HaysSupreme Court of Pennsylvania · 1828
- Phelan v. OlneyCalifornia Supreme Court · 1856
3Cited by9 opinions
- Douglass v. BlountTexas Supreme Court · 1902
- Douglass v. BlountTexas Supreme Court · 1900
- Douglass v. BlountCourt of Appeals of Texas · 1900
- Rogers v. SmithCourt of Appeals of Texas · 1930
- Geo. M. Dilley & Son v. Freedman & Bro.Court of Appeals of Texas · 1901
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