Avery v. Popper
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS. This was an action originally instituted in the District Court of Hunt County, Texas, by Ignats.Popper and Edward Popper, (doing business under name of I. Popper & Brother,) to recover upon a certain promissory note executed May 26,1891, by John H. Cooke and.
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ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS. This was an action originally instituted in the District Court of Hunt County, Texas, by Ignats.Popper and Edward Popper, (doing business under name of I. Popper & Brother,) to recover upon a certain promissory note executed May 26,1891, by John H. Cooke and. Mary E.' Cooke, his wife, to Thomas H. King, for .$1940, and for the foreclosure of a chattel mortgage upon certain personal property hereinafter described, and-(in their amended petition) also for a personal judgment against John M. Avery and .his sureties upon certain replevin bonds. ■…
1Opinion of the CourtJustice Brown
The plaintiffs in error invoke the jurisdiction of this court upon the ground stated in the third clause of Bev. Stat. section 709 of a “title, right, privilege or immunity claimed' under . . .. an authority exercised under, the United States, and the decision is against the title, right, privilege or immunity specially set up or claimed.” The special right claimed was a right as purchaser under the marshal’s sale upon execution to a priority of payment from the goods sold as against the chattel mortgage. The\ claim set up in the second assignment of error was that the mortgage, was invalid…
2Cases cited22 opinions
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- Etheridge v. SperrySupreme Court of the United States · 1891
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