Johnston v. Loop
Texas Supreme Court
The following are the material facts of this case, as disclosed by the record: At the fall term of the district court of Eannin county, 1846,. Palmer J. Pillans, on the third day of the term of said court,, appeared in open court and filed a power of attorney, made by said A. S. Johnston and Beuben EL Boberts, to confess a judgment in favor of John P. Loop, on two notes payable to E. McKinstry or order, one for the sum of $533.34, and the other for the sum of $533.52, with…
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The following are the material facts of this case, as disclosed by the record: At the fall term of the district court of Eannin county, 1846,. Palmer J. Pillans, on the third day of the term of said court,, appeared in open court and filed a power of attorney, made by said A. S. Johnston and Beuben EL Boberts, to confess a judgment in favor of John P. Loop, on two notes payable to E. McKinstry or order, one for the sum of $533.34, and the other for the sum of $533.52, with interest. Petition had been •filed in the suit, and service had on Johnston, but none on Roberts; that afterwards, on the…
1Opinion of the CourtJustice Lipscomb
Fraud in obtaining the power of attorney on the part of McKinstry is distinctly and expressly charged, and this charge is verified by the verdict of the jury. It would seem if the power was fraudulently obtained it would vitiate it, and the confession of judgment entered up under and by virtue of the power so fraudulently obtained. And consequently the de-ci’ee should have annulled both the power of attorney and the judgment. This is certainly the effect of fraud, unless .some innocent party would be placed in a worse condition than they were in before, who had acquired rights under the…
2Cited by4 opinions
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- State v. Magee Pub. Co.New Mexico Supreme Court · 1924
- Eric Drake v. Seana Willing, Texas Court of Appeals, 3rd District (Austin)2015
- Eric Drake v. Seana Willing, Texas Court of Appeals, 3rd District (Austin)2015